PZ (A Child) (Hague Convention: Art 13(B)), Re
[2024] EWHC 489 (Fam)
W and E (Habitual Residence), Re
15 October 2024
[2024] EWHC 2596 (Fam)
High Court
A dad wanted his kids back in New Zealand from England. The judge decided the kids were now more settled in England and had strong opinions against returning. The judge also believed the mother's mental health problems could mean the children would be at risk if they went back to New Zealand, so the dad's request was denied.
Key Facts
- •Applicant father (S) seeks return of two children (Will, 12, and Ed, 10) from England to New Zealand under the 1980 Hague Convention.
- •Respondent mother (K) opposes return, citing habitual residence in England, children's objections, and risk of harm in New Zealand due to alleged domestic abuse and mother's mental health.
- •Father had custody rights and was exercising them.
- •Children were initially habitually resident in New Zealand, moved to England for a planned 6-month visit in December 2023.
- •Mother claims father's anger and uncontrolled rage created an unsafe environment in New Zealand.
- •Mother's mental health deteriorated, leading to counselling and medication.
- •Mother ultimately refused to return to New Zealand with the children.
- •Children expressed strong preference to remain in England, citing friends, activities, and dislike of previous life in New Zealand.
Legal Principles
Habitual residence is a question of fact, focused on the child's integration into a social and family environment.
A v A, Mercredi v Chaffe, A v A and another (Children: Habitual Residence), Re LC (Children), Re B (A Child), Re B (A Child)(Custody Rights: Habitual Residence), Re J (a child), Proceedings brought by HR, Re M (Habitual Residence), Re A (A Child)
A child's objections to return are considered if they object and have sufficient maturity; objections must be genuine and relate to the country of return, not just circumstances.
Re M (Republic of Ireland)
Return is not mandatory if there's a grave risk of physical or psychological harm or an intolerable situation; protective measures are considered, focusing on the future situation.
Article 13(b) of the Hague Convention, Re A (Children), Re E (Children), Re S (Abduction), Re IG, Re C
Outcomes
Father's application dismissed.
Court found children were habitually resident in England by May 2024 due to their integration into the social and family environment in England; Ed's objections to return were considered, although Will's were not; Mother's evidence of potential harm to the children was deemed sufficient to meet the Article 13(b) threshold.