Mother v Father
[2023] EWHC 3555 (Fam)
A v B (Abduction: Article 13(b) and Child Objections)
28 March 2023
[2023] EWHC 699 (Fam)
High Court
Mom took her kids from Spain to the UK without Dad's permission. Dad said he was a good dad and Spain was their home. A judge heard both sides and decided the kids should go back to Spain because there was enough protection for them there, even though they didn't want to go.
Key Facts
- •The mother wrongfully removed four children (aged 13, 11, 9, and 4) from Spain to the UK.
- •The father had custody rights under a Spanish court order.
- •The mother alleged domestic abuse and the father's neglect of the children.
- •The father alleged the mother's neglect and the negative impact of her actions on the children.
- •The children's views on returning to Spain were varied and influenced by parental conflict.
- •Spanish social services had previously expressed concerns about the mother's care.
Legal Principles
Hague Convention 1980 aims to protect children from wrongful removal and secure their prompt return.
Re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144
Article 13(b) of the Hague Convention allows refusal of return if there's a grave risk of physical or psychological harm or an intolerable situation.
Hague Convention 1980, Article 13(b)
Child objections to return are considered if the child objects and has sufficient maturity.
Hague Convention 1980, Article 13
Outcomes
The court ordered the children's return to Spain.
The mother failed to establish a grave risk of harm under Article 13(b). The court considered protective measures offered by the father and the resources available in Spain sufficient to mitigate potential risks. While one child's objections were acknowledged, the overall welfare of the children and the policy of the Hague Convention favoured return.