Family
S v K [2024] EWHC 2596 (Fam)
The court dismissed the father’s application for the summary return of the children to New Zealand under the Hague Convention.
The mother and children travelled to England from New Zealand in December 2023, ostensibly for a six-month visit agreed to by the father. The mother subsequently retained the children in England from May 2024, repudiating the agreement to return them to New Zealand. There was evidence of conflict between the parents and the father’s angry outbursts, which had a negative impact on the children, particularly the younger child. The mother suffered from mental health issues, including anxiety and depression, which were exacerbated by the prospect of returning to New Zealand.
The father argued that the children should be returned to New Zealand, their habitual residence, and that the exceptions under Article 13 of the Hague Convention did not apply. The mother opposed the return, arguing that the children had become habitually resident in England, that the younger child objected to being returned, and that returning would expose the children to a grave
