K (A Child) (Hague Convention: Child's Objections) [2014] EWCA Civ 1364 (21 October 2

[Legal Beagles]

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[PAWS]

Re: K (A Child) (Hague Convention: Child's Objections) [2014] EWCA Civ 1364 (21 Octob

Yet another example where a parent (in this case the father F) believes that a court ruling will make a child love and respect them. In what twisted world can a parent believe that putting a child through trauma like this proves they are a good and loving guardian and only have the child’s best interest at heart?

[leclerc]

Re: K (A Child) (Hague Convention: Child's Objections) [2014] EWCA Civ 1364 (21 Octob

Paws, how I read this was one where the child was taken to England for a short period of time with permission of the father but the mother then decided to settle in England which the father disagreed with. This is what lead to a Hague Convention challenge but which took longer to deal with on the basis that the mother could not get legal aid. By the time the court did get there, the child was of an age where they had settled in England and were happy in those circumstances. The father was arguing that she should be returned but the views of the child was more relevant and therefore her return was denied.

Hague convention link below:

http://www.hcch.net/upload/conventions/txt28en.pdf

[PAWS]

Re: K (A Child) (Hague Convention: Child's Objections) [2014] EWCA Civ 1364 (21 Octob

Paws, how I read this was one where the child was taken to England for a short period of time with permission of the father but the mother then decided to settle in England which the father disagreed with. This is what lead to a Hague Convention challenge but which took longer to deal with on the basis that the mother could not get legal aid. By the time the court did get there, the child was of an age where they had settled in England and were happy in those circumstances. The father was arguing that she should be returned but the views of the child was more relevant and therefore her return was denied.

Hague convention link below:

http://www.hcch.net/upload/conventions/txt28en.pdf

Indeed you are spot on. When she first came to this country perhaps she would not have been considered old enough for a court to take account of her views but she would have been old enough to know if she loved her father. We cannot be absolutely sure why the mother really did stay in this country but the child made it very clear to her Father that she did not want to go back to live with him. If her father truly loved her he would not have made her go through the stress of this case. When you truly love someone then you would do anything to make them happy regardless of what pain it brought you. This child claimed her dad scared her. He tried to use the law to force her to return to live with him. That is a cruel thing to do.

[leclerc]

Re: K (A Child) (Hague Convention: Child's Objections) [2014] EWCA Civ 1364 (21 Octob

Indeed you are spot on. When she first came to this country perhaps she would not have been considered old enough for a court to take account of her views but she would have been old enough to know if she loved her father. We cannot be absolutely sure why the mother really did stay in this country but the child made it very clear to her Father that she did not want to go back to live with him. If her father truly loved her he would not have made her go through the stress of this case. When you truly love someone then you would do anything to make them happy regardless of what pain it brought you. This child claimed her dad scared her. He tried to use the law to force her to return to live with him. That is a cruel thing to do.

...as was the mother who separated the child from their grandparents and friends and decided to settle in England. I do understand what she has said to the court but I got a sense that she got that as a direct result of the influence of her mother imho.

[PAWS]

Re: K (A Child) (Hague Convention: Child's Objections) [2014] EWCA Civ 1364 (21 Octob

That is very interesting. I had another read through and can see what you are saying. I know there are many similar situations where the courts have to get involved but if I had a child who was living with her dad and she told me she preferred living with him then I would never dream of putting her through the stresses and strains of such a drama. It would be easier of course if I had met the principle players!
When I read some of these cases it breaks my heart. It always seems so brutal and cold. As I said above I know it is often necessary to take these things to court. I know it is also necessary to get a mediator who is not emotionally involved to keep dialogue going when communication has broken down. However I absolutely hate the idea of cold authority deciding what is ‘best’for children. This has caused centuries of heart ache.