High Court of Justice (England and Wales), Family Division

High Court of Justice (England and Wales), Family Division

United Kingdom - England and Wales

19 March 2024

R v M (Hague Convention; Withdrawal of Application and Art. 16 (Parental Responsibility))

[2024] EWHC 720 (Fam)

First instance

Article 16

• Article 15
• Article 20
• Article 21
• Article 22

Children Act 1989, Family Procedure Rules 2010

Not provided

The proceedings arose following the unlawful removal of two children from New Zealand to England. After the applicant withdrew his application for the children's summary return under the 1980 Hague Convention, he sought recognition under Article 16 of the 1996 Hague Convention of parental responsibility allegedly conferred upon him by a New Zealand court as the children's stepfather. The principal issue was whether Article 16(3) preserved parental responsibility arising through judicial intervention following a change of the children's habitual residence. The court held that Article 16 must be interpreted as a coherent whole and that paragraph (3) applies only to parental responsibility arising by operation of law under paragraphs (1) and (2), not to parental responsibility conferred by judicial or administrative decision. The application was therefore dismissed.

The High Court granted the applicant permission to withdraw his 1980 Hague Convention return application but dismissed his application under Article 16 of the 1996 Hague Convention seeking recognition in England of parental responsibility allegedly conferred by a New Zealand court. The court held that Article 16(3) applies only to parental responsibility acquired by operation of law, not parental responsibility conferred by judicial or administrative intervention. In any event, there was insufficient evidence of New Zealand law to establish that the applicant possessed parental responsibility capable of recognition.

Not provided