Caselaw Digest
Caselaw Digest

C v M

3 February 2023
[2023] EWHC 208 (Fam)
High Court
A mom took her kids to England without dad's permission. Dad wants them back in Mauritius. Even though the kids don't want to go back and there were accusations of bad behavior, the judge said the dad's plan to protect the kids was good enough, so the kids have to go back to Mauritius.

Key Facts

  • Father applied for the return of his children (X, 11, and Y, 5) from England to Mauritius under the 1980 Hague Convention.
  • Mother admitted wrongfully removing the children to England.
  • Mother raised defences of grave risk of harm/intolerability and children's objections under Article 13 of the Convention.
  • Extensive allegations of domestic abuse and financial mismanagement were made by the mother and denied by the father.
  • Cafcass report detailed X's strong objection to returning to Mauritius due to her father's alleged behaviour.
  • Father offered protective measures, including financial support and restrictions on contact.

Legal Principles

Hague Convention 1980, Article 12: Requires return of children unless exceptions under Article 13 apply.

1980 Hague Convention

Hague Convention 1980, Article 13(1)(b): Defence of grave risk of harm or intolerability.

1980 Hague Convention

Hague Convention 1980, Article 13(2): Defence of child's objection to return.

1980 Hague Convention

Re E (Children)(Abduction: Custody Appeal) [2012] 1 AC 144 and Re S (A Child) (Abduction: Rights of Custody) [2012] UKSC 10: Guidance on Article 13(1)(b) defence, including burden of proof, definition of 'grave risk', and consideration of protective measures.

Case law

Re M (Children)(Republic of Ireland) (Child's Objections) [2015] 2 FLR 1074: Guidance on the 'child's objection' defence, including the distinction between objection and preference.

Case law

Outcomes

Children to be returned to Mauritius.

The court found that the mother did not establish the defences under Article 13(1)(b) or (2). While acknowledging the seriousness of the allegations of domestic abuse and considering X's objection, the court determined that the father's proposed protective measures sufficiently mitigated the risks. The court also weighed the policy considerations underpinning the Convention.

Similar Cases

Caselaw Digest Caselaw Digest

UK Case Law Digest provides comprehensive summaries of the latest judgments from the United Kingdom's courts. Our mission is to make case law more accessible and understandable for legal professionals and the public.

Stay Updated

Subscribe to our newsletter for the latest case law updates and legal insights.

© 2025 UK Case Law Digest. All rights reserved.

Information provided without warranty. Not intended as legal advice.