Z v Y

Z v Y

The court found that while the child voiced objections to return, her reasons were not cogent or rational and were heavily influenced by the mother. There was no grave risk of harm or intolerable situation established under Article 13(b). The undertakings and arrangements offered by the father were sufficient to mitigate any risk. The purpose of the Hague Convention and the child's best interests required her return to her home country.

Parties
Applicant: Z; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
05 November 2013
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Final Hearing
Outcome
Return of the child ordered under the Hague Convention.
Legal Topics
Child Abduction, Hague Convention, Child's Objections, Article 13(b) Grave Risk, Custody Rights
Family Law International Law Child Abduction Hague Convention Child's Objections Article 13(b) Grave Risk Custody Rights

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Parties

Z

Applicant

Y

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the child objects to return and is of sufficient age and maturity for her views to be considered under Article 13(2) of the Hague Convention
  2. 2 Whether there is a grave risk of harm or intolerable situation under Article 13(b) if the child is returned
  3. 3 Whether the father's rights of custody were being exercised

Ratio Decidendi

The court found that while the child voiced objections to return, her reasons were not cogent or rational and were heavily influenced by the mother. There was no grave risk of harm or intolerable situation established under Article 13(b). The undertakings and arrangements offered by the father were sufficient to mitigate any risk. The purpose of the Hague Convention and the child's best interests required her return to her home country.

Court Disposition

Return of the child ordered under the Hague Convention.

Orders

  • The child A is to be returned to country X.
  • The father's undertakings regarding accommodation, maintenance (€700 per month plus half school fees), and not supporting criminal prosecution are accepted.