Unlawful removal of children

In re H (children) [2006] CA 29 March; SJ 7 April

The parties moved to Dominica in 1992 and had three children. Proceedings were commenced in the Dominican courts in which the parties agreed that the father should have custody of the children, but the mother should have unrestricted access. The mother wrongfully removed the children to England in December 2005. The father issued proceedings seeking the summary return of the children to Dominica and the return of the children to Dominica in any event. On the day of the hearing, a CAFCASS officer spoke to the two eldest children who said that they feared continuing chastisement from their father and if returned to Dominica would run away or kill themselves. The judge held that in view of this evidence, the matter had been elevated to a full welfare hearing and dismissed the originating sums in its entirety.