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...
Latest articles
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
View all articles

ABDUCTION: Re H, R and E [2013] EWHC 3857 (Fam)

Sep 29, 2018, 18:57 PM
Slug : abduction-re-h-r-and-e-2013-ewhc-3857-fam
Meta Title : ABDUCTION: Re H, R and E [2013] EWHC 3857 (Fam)
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 19, 2013, 02:30 AM
Article ID : 104317

(Family Division, Keehan J, 2 September 2013)

The father issued Hague Convention proceedings seeking return orders in respect of his three children. The mother defended the proceedings claiming the father consented to the removal of the children from the Netherlands in accordance with Art 13a of the Hague Convention and that subsequently he had acquiesced in their remaining in this jurisdiction. She further claimed that the children would be at a grave risk of harm and/or would be placed in an intolerable position if they were returned, due to her allegations of physical and sexual abuse at the hands of the father.

On the evidence it was apparent that no one had spoken to the father about the removal of the children and, therefore, he could not consent. He had waited 2 months after he became aware of the situation to try and affect a reconciliation which was reasonable and did not amount to acquiescence.

The judge found that the mother had lied about sexual abuse and that there was insufficient evidence to support the claims of physical abuse. However, the father provided undertakings to regulate his behaviour with the mother and evidence was provided as to the assistance that was available from the Dutch court and police. On that basis there was no grave risk of harm.

In determining whether it should exercise its discretion the court found that it was manifestly in the best interests of the children to return to the Netherlands where they had lived all their lives prior to the removal.


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