Buscador de jurisprudencia

The parents were both Lithuanian nationals who met and began a relationship in the UK. They had 3 children, all born in the UK, who were aged 9, 4 and 3 at the time of the hearing.

The relationship between the parents broke down in 2023. For almost all of the time until then, the family lived in the UK, apart from a short period of time spent in Spain in 2021.

After they separated, the parents agreed that the mother and children would live in Lithuania. This was incorporated into a settlement agreement which was approved by the Lithuanian court in March 2024.

The children came to England in early June 2024 in circumstances which were disputed. The mother stated that this was for the summer holidays; the father said that the mother told him she could not cope with them and it was agreed the children would come to England to live with him. 

In November 2024 the mother filed an application under the 1980 Hague Abduction Convention for the return of the children to Lithuania. 

Return refused based on the objections of the older child and a grave risk of harm to the younger children should they be returned.

Aims of the Convention - Preamble, Arts 1 and 2

Due to the father's last minute statement that he would return to Lithuania with the children, and a lack of evidence relating to the views of the older child, the Judge considered whether to adjourn the hearing and make more enquiries. However, it was held that to do so would lead to more delay in what is intended to be a summary process. The Judge therefore decided to go ahead and make a decision based on the information available.

Objections of the Child to a Return - Art. 13(2)

The Judge held that the older child's wishes amounted to an objection, not just a preference, and that she had attained an age and degree of maturity at which it was appropriate to take into account her views. Her objection related not only to living with the mother, but also to returning to Lithuania itself.

The Judge concluded that she should exercise her discretion and refuse to order the return of the older child.

Grave Risk - Art. 13(1)(b)

The oldest child alleged that the mother had been verbally and physically abusive. If the assertions were true then there was a grave risk that a return to the care of the mother would expose each of the children to physical and/or psychological harm and place them in an intolerable situation.

The protective measures on offer were not sufficient to ameliorate this situation. Given the fact that the older child would not be returning to Lithuania, to return the younger children on their own, given their ages, would leave them particularly vulnerable. Added to that, they would be separated from their older sister.