S v B and Y (A Minor): FD 4 May 2005

The English mother and a New Zealander returned to New Zealand with her son, and their own daughter was born there. The mother and children returned to England for a holiday but when the son said he did not wish to return, the mother decided to stay here. The father sought the return of his daughter to New Zealand under the Hague Convention.
Held: The daughter was to be returned to New Zealand. Other family interests could not be subordinated to the family interest for which protection was sought under the Convention. The daughter clearly had art 8 rights to a family life, and an order for her return would infringe her human right to a family life with her mother. It was important in these cases for the parties to have their respective interests separately represented.

Sir Mark Potter
Times 17-May-2005, [2005] EWHC 733 (Fam)
European Convention on Human Rights 88, Hague Convention on the Civil Aspects of International Child Abduction 1980
England and Wales

Children, Human Rights

Updated: 02 January 2022; Ref: scu.224918