W and E (Habitual Residence), Re
[2024] EWHC 2596 (Fam)
D v D & Ors
24 October 2024
[2024] EWHC 2687 (Fam)
High Court
A dad wanted his kids back in Norway, but a judge said no. The kids had lived in England for a long time and were happy there, so the judge decided it was better for them to stay.
Key Facts
- •Father applied for the return of his two youngest children (aged 6 and 5) from England to Norway under the 1980 Hague Convention.
- •The children were brought to England by their mother in 2020, and the father did not initiate proceedings until 2024.
- •During the intervening period, the father visited the children and agreed to their older siblings visiting Norway in 2023.
- •Allegations of ill-treatment by the mother arose during the older children's visit to Norway.
- •A social work assessment in England concluded that while there were concerns about physical chastisement, home conditions were good and the children had a good relationship with their mother.
- •The father argued that the children's removal to England was in breach of his custody rights and that they were not settled in England.
- •The mother raised defenses of consent, acquiescence, and settlement.
- •The Children's Guardian concluded the children were settled in England.
Legal Principles
Settlement under Article 12 of the Hague Convention
Cannon v Cannon (Abduction: Settlement) (No1) [2005] 1 WLR 32; Re B (A Child) [2018] EWHC 1643 (Fam)
Consent under the Hague Convention
Re G (Abduction: Consent/Discretion) [2021] EWCA Civ 139
Acquiescence under the Hague Convention
Re H and others (Minors) (Abduction :Acquiescence) [1998] AC 72
Discretion to refuse return under the Hague Convention
Re M [2007] UKHL 55
Outcomes
The father's application for return orders was refused.
The court found that the father had consented to the children's removal to England and that they were settled in their new environment. The court considered the children's lengthy residence in England, their integration into their school and community, and their positive relationship with their mother. The court also found the children’s wellbeing would be negatively impacted by a return to Norway.