WM v JD Hague Convention : Consent : Grave risk of Harm : Children's objections)

This judgment was delivered in private.� The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved.� All persons, including representatives of the media, must ensure that this condition is strictly complied with.� Failure to do so will be a contempt of court.

WM������������������������������������������������������������������������������������������������������������������������������������������� Applicant

MR M. HOSFORD-TANNER (instructed by A & N Care Solicitors) appeared on behalf of the Applicant.

I have read the bundles including the statements that have been filed by both of the parents, a s.37 report prepared by English Social Services and a further report from their South African equivalents concerning the mother.� I also have a CAFCASS report from Miss Julian, who was tasked with reporting on whether the children, or either of them, have wishes or objections which are relevant to the Hague Convention.� One of the bundles is comprised of Skeleton Arguments, chronology and a bundle of authorities.

It is important for me to record at this stage what is agreed between the parties.� At a hearing on 13 June of this year before Hayden J the father gave some sworn evidence and I have a transcript of that hearing.� The father agreed that at the relevant time, i.e. when the children came to the UK, they were ordinarily resident in South Africa.� In addition it was recorded on that day that Hayden J concluded that the father's wife, Mrs Z: "... holds entrenched and negative views against the mother and that it is likely that these were communicated to the two children directly, or indirectly."