In the matter of the Child E
[2023] EWHC 584 (Fam)
B v G
2 November 2023
[2023] EWHC 2752 (Fam)
High Court
A girl's mom and dad agreed she'd live in Spain after mom died. Grandma disagreed and kept the girl in England. Even though the girl now wants to stay in England, a judge said she must go back to Spain because it was what her parents agreed and it's best for her.
Key Facts
- •Father seeks return of daughter A to Spain under the Child Abduction and Custody Act 1985 and the Hague Convention.
- •Respondent is A's grandmother, G, who argues A is habitually resident in the UK or objects to returning.
- •A's mother died in February 2023.
- •A's mother and father had a plan for A to live with her father in Spain after her mother's death.
- •A lived in the UK with her grandmother since September 2020.
- •A travelled to Spain in July 2023 but returned to the UK and refused to return to Spain.
- •G initiated UK proceedings for A to live with her.
- •A's objections to returning to Spain stemmed from influence and divided loyalties within the family.
Legal Principles
Habitual residence determination under the Hague Convention.
Re B (A Minor: Habitual Residence) [2016] EWHC 2174 (Fam)
Acquisition of habitual residence; time required.
In re J [1990] 2 AC 562; A v A and another (Children: Habitual Residence) [2014] AC 1; In re LC (Children) [2014] AC 1038
Return order under Article 12 of the Hague Convention; exceptions under Article 13.
Child Abduction and Custody Act 1985; Hague Convention
Outcomes
Return order for A to return to Spain.
A's habitual residence was in Spain by July 13, 2023. While A objects to returning, the court considered her mother and father's agreement, A's initial acceptance, the addressable nature of A's concerns, and the unfair influence of G. The court prioritised the parents' joint decision and determined a return order is in A's best interests.