Martha Gray in C (1980 Hague Convention: Child Objections) [2024] EWHC 1875 (Fam)
9th Aug 2024 | Cases
In C (1980 Hague Convention: Child Objections) [2024] EWHC 1875 (Fam) the mother opposed a return order on the basis that the parties’ nine year old daughter had expressed an objection to returning to Romania and was of an age and maturity where it was appropriate to take into account her views. Martha, instructed by Anthony Louca Solicitors for the Applicant father, successfully persuaded the court that it should exercise its discretion to order the child’s return to Romania. The court accepted Martha’s arguments that there was evidence of a lack of critical evaluation and balance to the child’s views, in particular with regards to her relationship with her father. This possibly stemmed from immaturity and showed that she was mirroring her mother’s views about her father and possibly about a return. The court held that her objections to returning were not strong and that the child’s objection exception had not been established and the child should be returned in accordance with the essential philosophy of the 1980 Hague Convention.
