Re S. (Abduction: Return into Care) [1999] 1 FLR 843

INCADAT legal file Hague parental abduction

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Grave Risk – Art. 13(1)(b)
It was argued that the allegations of sexual abuse were of such a nature to activate the Article 13(1)(b) exception. This was rejected by the court. In this the court noted that the Swedish authorities were aware of the case and had taken steps to ensure that the child would be protected upon her return: she would be placed in an analysis home with her mother. If the mother did not agree to this the child would be placed in care. The court also noted that the mother had now separated from her cohabitee.
Objections of the Child to a Return – Art. 13(2)
The judge noted that the child’s objection had been substantiated by the enquiry carried out by the North London social services. Against this he stated that he had to take into account the purpose of the Convention in securing the summary return of children. He stated that it was not open to him to take into account welfare considerations, rather these were matters for the Swedish authorities. On that basis he ordered the return of the child.