A v B (Abduction: Article 13(b) and Child Objections)

Kate Grange KC (sitting as a Deputy Judge of the High Court) ____________________

Clare Renton (instructed by Charles Strachan Solicitors) for the Applicant The Respondent appearing in person Hearing dates: 20 and 21 March 2023 ____________________

i) Whether a return order would expose the children to a grave risk of physical or psychological harm or otherwise place them in an intolerable situation contrary to Article 13(b) of the 1980 Hague Convention. On this issue I was asked to consider a range of possible protective measures, and (if appropriate) consider what discretionary factors would be relevant;

ii) Whether any of the children object to a return to Spain, whether they have attained and age and degree of maturity at which it is appropriate to take into account their views and, if those gateway conditions are satisfied, whether I should exercise my discretion not to return (Article 13, Hague Convention 1980).

ii) Y (age 11) appeared to associate Spain with his experience of parental divorce, conflict and disruption to his schooling, although this was balanced against a positive description of aspects of his life in the small town in Spain . Y showed some preference to remain in England but did not score his strength of feeling particularly high. However he articulated his concern in the event of a return as being related to his negative experience of the Spanish school and a fear it would result in separation from his mother.