AO v LA
[2023] EWHC 83 (Fam)
JC v SS
10 August 2023
[2023] EWHC 2063 (Fam)
High Court
A dad wanted his kids back in Ireland, but the judge said no. The judge decided the dad had agreed to the move to England and the kids didn't want to go back. The mom said the dad was abusive, so sending the kids back could put them in danger. The judge believed the mom and decided the kids should stay in England.
Key Facts
- •JC (father) applied for the summary return of his four children (A, B, C, D) from England to the Republic of Ireland under the Hague Convention.
- •The children's mother, SS, opposed the application, citing consent, acquiescence, the children's objections, and a grave risk of harm under Article 13(b).
- •The mother alleged coercive control and domestic abuse by the father, including physical and sexual abuse.
- •The children had been in England for nearly seven months at the time of the hearing.
- •The father had not seen the children since January 2023.
- •The family had previously lived in Ireland, moving there from London in 2020.
- •The mother obtained a safety order (equivalent to a non-molestation order) against the father in Ireland.
- •A "Relocation Consent Agreement" was signed by the father, allowing the mother to return to the UK with the children.
- •The father's position was that his consent was not for permanent relocation and that he had been pressured into signing.
- •The children expressed strong objections to returning to Ireland.
Legal Principles
Consent to the removal of a child must be clear and unequivocal, still operative at the time of removal, and objectively verifiable.
Re P-J (Children)(Abduction: Consent) [2009] EWCA Civ 588, Re G (Abduction: Consent/Discretion) [2021] EWCA Civ 139
Consent can be inferred from conduct, and it can be valid even with reservations. Withdrawal of consent must be made known to the other parent.
Re G (Abduction: Consent/Discretion) [2021] EWCA Civ 139
The court must consider whether the return of the children would expose them to a grave risk of physical or psychological harm, or place them in an intolerable situation.
Re E [2011] EWCA Civ 361, [2012] 1 AC 144
Children's objections to return are a relevant factor in the court's discretion, particularly when they are of sufficient age and maturity.
Re M (Republic of Ireland)(Child’s Objections) [2015] EWCA Civ 26
Outcomes
The father's application for a summary return order was refused.
The court found that the father had consented to and acquiesced in the children's removal to and retention in England. The children's objections to returning to Ireland were also considered significant, as was the risk of harm to the mother and consequently the children under Article 13(b).