Family Law Hub

WA v AA [2021] EWHC 2659 (Fam)

The father applied pursuant to the Hague Convention 1980 for the return of the three children (aged 5, 3 and 2) to Sweden, where they were habitually resident and had lived with the mother. The parents had shared joint custody, but the mother had removed them, without proper notification, to England, then Iraq, then back to England. The mother alleged domestic abuse during their marriage, and that the father and his family had previously abducted two of the children from her. She was described as having an abject fear of returning to Sweden, and the oldest son was said to share that fear. In Holman J's view, there was no doubt that she had abducted the children within the meaning and objects of the Hague Convention. If the father's alleged abduction of the children had been the trigger for removing the children, the circumstances and context of the case might have appeared markedly different, but following that incident she had been able to live with the children in Sweden for two years without molestation or interference from the father. None of her allegations came close to establishing an Article 13(b) defence. He ordered their return to Sweden forthwith, subject to various undertakings offered by the father.


Published: 14/10/2021

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