AO v LA
[2023] EWHC 83 (Fam)
P v O
30 June 2023
[2023] EWHC 2128 (Fam)
High Court
A mom took her kids to England secretly. The dad wants them back in Ireland. The kids don't want to go back, but the judge decided it's best for them to return to Ireland because that's where they belong and the mom was dishonest.
Key Facts
- •Two children, D (12) and E (10), were brought to England from Ireland by their mother (O) without the father's (P) consent.
- •The father applied for the children's return to Ireland under the 1980 Hague Convention.
- •The mother opposes the return, citing child objections (Article 13) and a grave risk of harm/intolerable situation (Article 13(1)(b)).
- •The children object to returning to Ireland, citing negative experiences with school and social life there, and concerns about separation from their mother and Mr. Y.
- •Mr. Y, the mother's partner, has a history of concerning offenses against children.
- •The mother's actions involved deception and the children's unwitting participation.
Legal Principles
Article 13(1)(b) of the 1980 Hague Convention: Return of a child can be refused if there's a grave risk of physical or psychological harm or an intolerable situation.
1980 Hague Convention, Article 13(1)(b)
Article 13 of the 1980 Hague Convention: Return can be refused if a child objects and has sufficient maturity.
1980 Hague Convention, Article 13
In child objection cases, the court considers the strength of objections, authenticity, welfare concerns, and Convention considerations.
Re M (Zimbabwe) [2007] UKHL 55, Re M (Republic of Ireland: Child’s Objections) [2015] 2 FLR 1074, H v K (Return Order) [2017] EWHC 1141 (Fam)
The court must assess the risk of harm at its highest and consider if protective measures can mitigate the harm
Re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144
Outcomes
The court ordered the children's return to Ireland.
The court found that neither the child objections nor the grave risk of harm exceptions to the 1980 Hague Convention applied. While the children's objections were genuine, the court weighed them against the mother's deceptive actions and the children's strong ties to Ireland. The risk of harm was deemed negligible, particularly given the father's undertakings.