Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles
Authors

ABDUCTION: RE A (Abduction: Children’s Objections: Domestic Violence)

Sep 29, 2018, 21:11 PM
Slug : abduction-re-a-abduction-childrens-objections-domestic-violence
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 7, 2013, 02:31 AM
Article ID : 103281

(Court of Appeal, Thorpe, Kitchin LJJ, Sir David Keene 23 July 2013)

While the family were living in Norway an incident of domestic violence took place perpetrated by the father against the mother which was witnessed by the children. The parents thereafter separated and the mother gave birth to a third child before taking all three children to England. The father initiated proceedings under the Hague Convention for a return order, to which the children objected, which was refused. The father appealed.

There could be no criticism of the judgment which included a review of the law on the subject of children's objections and was applied to the facts. The judge concluded it was an exceptional case, in that the one incident had affected the relationship not only between the parents but also between the father and the children. That, coupled with the children's emotional response, including that of the oldest child, who had a sense of himself as his mother's protector and of how exposed they would be if they were returned to Norway, whatever protective measures there were there, had clearly profoundly affected the Cafcass officer's view. It had plainly been open to the judge to treat the one incident as the foundation for her conclusion.

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from