A recent court ruling under the Hague Convention on Child Abduction has ordered a mother to return her daughter to Romania after she brought the child to England without the father’s consent. The case highlights the serious legal consequences of international child abduction and the stringent measures courts take to enforce the child’s return to their habitual country of residence.

Background of the Case

The case involved a Romanian couple and their 9-year-old daughter. In 2023, the mother brought the girl to England without the father’s agreement. She later accepted that Romania was the child’s habitual residence at the time and that the father had rights of custody. Initially, the mother claimed that the father had consented to the daughter’s relocation to England, but she withdrew this claim before the trial.

With the mother unable to prove the father’s consent, her only defence against the father’s claim for a return order under the 1980 Hague Convention on the Civil Aspects of International Child Abduction was that the daughter objected to returning to Romania.

Child’s Objection and Court’s Consideration

The court had to determine whether the daughter was of an age and maturity where her views should be considered. The Family Court Adviser, who interviewed the daughter, reported that she viewed life in Romania unfavourably compared to England. However, it was suggested that her opinions might reflect the mother’s narrative regarding life with her father.

The Family Court Adviser also noted that the daughter was not particularly worried about returning to Romania, except for missing her school in England and wanting to be with her family.

Court’s Decision on the Return Order

The judge decided to issue a return order, stating: “Even though I have found that C (the daughter) objects to a return to Romania, I do not find this to be a strong objection; she told the Family Court Adviser that she would feel ‘a bit awkward and sad if the judge decided that she should return to Romania’; there was nothing about a return about which she was overtly worried.”

The judge concluded that the mother had “gambled” on the father not protesting the child’s removal and had hoped that presenting him with a fait accompli would prevent any objection. However, the father did object, and the court ruled that the mother must return the child to Romania.

Implications of the Hague Convention on Child Abduction

This case illustrates the importance of the Hague Convention on Child Abduction in protecting children’s rights and maintaining their habitual residence. The Convention aims to ensure that international child abduction cases are dealt with swiftly and fairly, prioritising the child’s welfare while respecting parental rights.