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
Re P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam)
(Family Division, Cobb J, 14 June 2021)Parental Responsibility – Circumcision – 21-month-old Muslim child – Raised in non-Muslim household of extended family – Mother sought...
R (Care Proceedings Joinder of Foster Carers) [2021] EWCA Civ 875
(Court of Appeal (Civil Division), Baker, Carr, Lewis LJJ, 15 June 2021)Practice and Procedure – Care proceedings – Foster carers joined as party to care proceedings – AppealThe...
The family court’s role in micro managing ‘trivial’ disputes
Sarah Higgins, Partner, Charles Russell Speechlys LLPThe decision in Re (B) (a child) (Unnecessary Private Law Applications) [2020] EWFC B44 dealt with the family court’s role in micro...
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
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