Re Y (A Child) (Abduction: Romania: Art. 13(b))
[2023] EWHC 1676 (Fam)
C (1980 Hague Convention: Child Objections), Re
19 July 2024
[2024] EWHC 1875 (Fam)
High Court
A mother took her daughter from Romania to England without the father's permission. The judge heard from the daughter, who wanted to stay in England, but decided she should go back to Romania to live with her father. The judge said the decision wasn't final and the Romanian courts will decide where she lives in the future.
Key Facts
- •Father (Applicant) seeks summary return of 8-year-old child C to Romania under the Child Abduction and Custody Act 1985 (incorporating the 1980 Hague Convention).
- •Mother (Respondent) wrongfully removed C from Romania to England in November 2023.
- •Mother initially defended the application but conceded that she could not legitimately argue consent or grave risk of harm.
- •The sole issue is whether C objects to returning to Romania and has sufficient maturity for her views to be considered.
- •A Cafcass report examined C's views and her maturity.
- •C expressed a strong desire to remain in England with her mother and stepfather.
Legal Principles
The court must determine if the child objects to return and has sufficient maturity for their views to be considered (gateway stage).
Re M (Republic of Ireland: Child’s Objections) [2015] EWCA Civ 26
A child's objection must be genuine and not simply a preference; it must relate to the return to the country of habitual residence.
Re M (Republic of Ireland: Child’s Objections) [2015] EWCA Civ 26
The child's views are not determinative but are considered, with greater weight given to older children. Even strong objections may not prevail without other welfare considerations.
Re M (Republic of Ireland: Child’s Objections) [2015] EWCA Civ 26, Re M (Abduction: Zimbabwe) [2007] UKHL 55
Young children's objections are unlikely to prevail unless other factors suggest against return.
Re W (Abduction: Child’s Objections) [2010] EWCA Civ 520
The court must consider the UNCRC, Article 12, and balance the child's views with other relevant factors.
Re M and Another (Children) (Abduction: Rights of Custody) [2007] UKHL 55
Outcomes
The court ordered C's return to Romania.
While C objected to returning and had sufficient maturity for her views to be considered, her objection was not strong enough to outweigh other factors. The court considered C's age, the potential for manipulation by the mother, the parents' prior agreement for Romanian jurisdiction, and the importance of a relationship with the father. The wrongful removal was a key factor in the decision. The court also noted that the long-term arrangements would be determined by the Romanian courts.