Case number and/or case name
WF v RJ, BF (a minor, by her Guardian ad litem, Miss Nina Hansen) v RF (a minor, by his Guardian ad litem, Ms Toni Jolly) [2010] EWHC 2909 (Fam)
Summary
The child abduction proceedings, which commenced in April 2010, were in respect of two children.
The father was from Germany. The parties married in Germany in 1994, and they had two children. They divorced in 2003. The children were looked after by the mother, having regular staying contacts with the father.
The mother and the father remarried, both starting new relationships.
The second marriage of the mother was not a particularly happy one, having episodes of domestic violence. In such circumstances, on 22nd March 2010, the mother and the children came to England.
An application for a summary return was made by the father. The court dismissed the application, taking account of the children’s objections. In this context, the Mr Justice Baker noted:
“78 I have reached a clear conclusion, taking the discretion in the round and having regard to all the circumstances, that these children should not be returned summarily to Germany. The fact that returning R alone would place him in an intolerable situation, coupled with both children's objections — in B's case strong clear, considered and consistent objections which are congruent with many of her welfare interests, and authentically her own; in R's case less clear and strong, but nonetheless the established objections of a child who, as his guardian submits, is of an age and level of maturity at which such views should be taken into account — considered together point clearly towards refusing return.” [78]