Case number and/or case name
H (Abduction), Re [2009] EWHC 1735 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Date of the judgement
11 February 2009
CJEU's case law cited by the court
Summary
The parties moved to Spain with their two children.
Following some acts of domestic violence, the father was forbidden from visiting the family home.
The mother and the father divorced. The mother was granted custody rights over both children.
The mother and the children returned to England, and stayed here.
The father made an application for a return of the children to Spain.
The father’s application for a summary return of the children was dismissed. Although the children had lived in Spain for 10 years, the High Court held that the application should be dismissed because there was a grave risk for serious psychological and emotional damage (even a suicide) for the two children if returned to Spain.