Emily Rayner in The Father v The Mother & Ors [2024] EWHC 2425 (Fam)
12th Nov 2024 | Cases
Emily Rayner, instructed by Freemans Solicitors represented the second and third respondent children in The Father v The Mother & Ors [2024] EWHC 2425 (Fam); an application by Father for the summary return of the children to Germany.
This case concerned two children, A who is 14, and her younger brother Z who is 3. The children and their parents are Ukrainian. In March 2022, the parents and all three children moved to Germany because of the Russian invasion of Ukraine. By May 2022 they had separated and the Father remarried. The Father issued proceedings in Germany in 2022 to obtain access to A and Z. The German courts made an order by agreement that there would be no contact between A and her father, in accordance with A’s wishes. The father last spent time with A in May 2022. His last contact in person with Z was in early October 2022. In February 2024 the Mother moved to England with A and Z under the Homes for Ukraine scheme, without seeking permission from the Father.
When the Father became aware of the Mother’s plans to move to the UK, he applied to the German court for an order preventing the children’s removal. An order to that effect was made by the German court but came too late, as the Mother and children had already travelled to England days earlier. The Father issued an application for summary return of both children in June 2024.
The court had to decide whether to exercise its discretion to refuse the summary return based on A’s strong objections and whether there would be a grave risk of psychological harm of the children or they would be placed in an intolerable situation if returned to Germany.
Having considered A’s objections, coupled with the Mother’s firm intention to remain in England and Z’s young age and unfamiliarity with his Father’s new family, the court found that A did object to returning to Germany and that this objection should not be overridden and that Z would be placed in an intolerable position if he were returned to Germany alone or with A. Application refused.
