Return of Abducted Children Ordered Despite Their Objections
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Serena Sandhu
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Court orders return of children despite their objections
The international family law team at Osbornes Law advises and represents parents where a child has been removed to another jurisdiction.
In international child abduction cases, the court may face the difficult task of balancing a child’s objections to being sent back, with the welfare needs of ordering a return.
The judge in this case noted the well-established policy consideration behind the important Hague Child Abduction Convention 1980 – that generally, it only works if children who have been wrongfully retained or removed from their own country are returned promptly.
What’s the background?
The two children in AB and CD (Children) [2024] EWHC 3520 were 14 and 9, and had lived with the maternal grandfather and his partner in Ireland under a 2020 care order from the family court in England.
It followed a history of maternal neglect and other serious safeguarding concerns, which had led to three sets of care proceedings over the years concerning the boys. The older boy had experienced multiple foster placements.
In July 2023, the court discharged the care order and made a new order appointing the grandfather and his partner as the children’s special guardians (SGs), despite the mother’s concerns about their parenting style.
With the court’s permission, the SGs took the boys in August 2024 to stay with their mother and a half-sibling in North East England. However, the mother failed to return them to Ireland on the date planned; then applied to court for the SG order to be discharged and for a ‘live with’ order in her favour. (The father was in prison and not involved in the case.)
The SGs sought a return order under the Hague Convention. The mother did not dispute the fact that she was wrong not to return the boys, but defended her decision under Article 13(b) (Child objections) and Article 13 (Harm/intolerable situation).
Article 13
She claimed that there was a grave risk that a return to Ireland would expose the boys to physical or psychological harm or otherwise place them in an intolerable situation (for example, through neglect and a harsh parenting). The SGs rejected her claims.
However, the boys both said the SGs would shout at them and force them to do chores at home in Ireland; and both expressed a wish to remain in England. Their negative experiences were supported by the CAFCASS report.
Even so, the judge found that the allegations fell short of the ‘grave risk of harm’ that would engage Article 13. He said implementing a return order may be difficult for the boys but all the adults involved in the children’s lives would be expected to behave responsibly and “do their level best” to support the boys in their return to Ireland.
It was noted that the boys had been thriving at school; and the SGs had offered a commitment to engage with the Child and Family Agency in Ireland.
Article 13(b)
As for the boys’ objections to returning to Ireland, it was the judge’s view that they had been influenced in some way as this was a sea-change from what the boys had said before the July 2023 hearing (when they were very happy living the SGs). The family court had then decided that the welfare considerations pointed “unswervingly” towards the boys remaining in Ireland.
Here, the judge concluded that if the boys’ present objections were followed, there may be a short term benefit, but it would also mean them living in a home which would not meet their long-term emotional needs.
But while a return to Ireland may mean some short term disruption, the boys would be returning to the home where they have lived for four years before their wrongful retention. And as the court clearly concluded the previous summer, this home offered the much better prospect of meeting their emotional needs.
A return order was made and a plan implemented for the best time for the boys to return to Ireland.
What does this mean?
There are few winners in these types of case. There may be merits in each of the party’s representations, but ultimately the court has to decide on balance the outcome that is in the best welfare interests of the child.
How can we help?
This case highlights the complexity and emotional weight of international child abduction proceedings. At Osbornes Law, our specialist child solicitors are highly experienced in navigating these sensitive cases. Our team provides clear, compassionate advice and robust representation to ensure that children’s welfare remains at the heart of every decision.
For urgent advice and support from experienced child abduction solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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