Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

ABDUCTION: X v Y and Z Police Force, A, B and C (By Their Children’s Guardian) [2012] EWHC 2838 (Fam)

Sep 29, 2018, 18:33 PM
Slug : abduction-x-v-y-and-z-police-force-a-b-and-c-by-their-childrens-guardian-2012-ewhc-2838-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 19, 2012, 10:50 AM
Article ID : 100949

(Family Division, Baker J, 16 October 2012)

The three children, aged between 7 and 13, were abducted by their father from their mother's care in Australia and brought to the UK. Proceedings were initiated under the Child Abduction and Custody Act 1985 and the Hague Convention on the Civil Aspects of International Child Abduction 1980.

The father raised two defences. He asserted, with full support from his employers, Z police force, that a summary return of the children would place them at a grave risk of harm or otherwise place them in an intolerable situation. That risk arose because the father had worked as an undercover police officer for many years but after being relocated to Australia circumstances arose which would render it unsafe for him and his family to remain there until extensive work had been completed by the police force including a detailed risk assessment.

The father also asserted that one of the children objected to a return and it was accepted by the mother that if the court decided he shouldn't be returned then the three children should not be separated.

The court accepted the evidence of the Z police force as to the level of risk posed to the father and the process that needed to be followed before the family could safely be returned to Australia. That process could take a number of months and the Australian authorities would not be in a position to impose protection procedures in the interim.

The objections to a return by one of the children as expressed to the Cafcass officer were accepted although it was clear that the father's manipulative behaviour had influenced his thinking. However, he had a strong objection to a return which was his genuinely held view and was not significantly influenced by the father.

Application for summary return refused.

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