ABDUCTION: S v B (Abduction: Human Rights) [2005] EWHC 733 (Fam)

04 MAY 2005

(4 May 2005; Sir Mark Potter P; Family Division) [2005] 2 FLR 878

The father sought the return of the child to the country of habitual residence, New Zealand. The mother opposed the return, and was supported by an older child, the child's half-sibling, who did not wish to return and who argued that his right under Art 8 of the European Convention for the Protection of Human Rights 1950 to respect for his family life would be interfered with by an order requiring the mother and child to return to New Zealand. In considering a Hague application for the return of a child to the country of habitual residence, the court had to have regard to the right to a family life of any sibling not the subject of the application. However, ordering the return of the child, the court concluded that although the return would interfere with the rights of the sibling to some extent, it would be for 'the protection of the rights and freedoms of others' namely the child herself and her father.

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