Source: All England Reporter
Publisher Citation: [2002] All ER (D) 154 (Oct)
Court: Family Division
Judge:

Wall J

Representation Anthony Kirk QC and Marcus Scott-Manderson (instructed by White & Sherwin, Croydon) for the claimant.
  Henry Setright QC and Marie-Claire Sparrow (instructed by Pritchard Joyce & Hinds, Beckenham) for the defendant.
  Mark Everall QC (instructed by Dawson Cornwell) for the child.
Judgment Dates: 9 September 2002

Catchwords

Child - Abduction - Removal outside jurisdiction - Child habitually resident in France - Mother removing child from French jurisdiction - Father seeking return of child - Whether mother and child having defence to removal - Whether order for child's return should be made - Hague Convention on the Civil Aspects of International Child Abduction 1980, art 13.

The Case

On an application by the father under the Hague Convention on the Civil Aspects of International Child Abduction 1980 for the return of his child to France, the court held the child was of an age and degree of maturity at which it was appropriate to take account of his views opposing such a return. It further held that there was grave risk that he would be exposed to physical or psychological harm or otherwise placed in an intolerable situation. Accordingly, the defences under arts13 and 13(b) of the Convention had been made out and the court would exercise its discretion by refusing to make an order for the child's return.

Practice Areas

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