A v B (Abduction: Article 13(b) and Child Objections)
[2023] EWHC 699 (Fam)
Wrongful removal or retention under the Hague Convention.
Hague Convention 1980, Articles 3 and 4
Mandatory return of child within one year of wrongful removal unless exceptions under Article 13 are met.
Hague Convention 1980, Article 12
Article 13(a): Exceptions to return – consent or acquiescence.
Hague Convention 1980, Article 13(a)
Article 13(b): Exceptions to return – grave risk of harm.
Hague Convention 1980, Article 13(b)
Article 13(2): Exceptions to return – child's objection and maturity.
Hague Convention 1980, Article 13(2)
Standard of proof for Article 13(b) is balance of probabilities, but the court considers the limitations of the summary process.
Re E (Children; abduction, custody appeal) [2011] UKSC 27
Evaluation of allegations under Article 13(b) is necessary, even in a paper hearing.
Re C (Children; abduction, Article 13(b) [2018] EWCA Civ 2834
The court ordered the summary return of C to Spain.
The court found that the father failed to establish the exceptions under Article 13(a) and 13(b). While acknowledging C's objections under Article 13(2), the court exercised its discretion to order return, considering the child's best interests, including his habitual residence with the mother and the potential harm from disrupting this established care arrangement. The court also considered the risk of the father's influence on the child's views and the importance of upholding court orders.