KS v MK [2015] EWHC 3276 (Fam) (29 October 2015)

KS v MK [2015] EWHC 3276 (Fam) (29 October 2015)

The application was withdrawn by the father in light of overwhelming medical evidence that the prospect of return to Spain posed a grave risk to the mother's mental health, which would in turn create an intolerable situation for the child, making return inappropriate under Article 13(b) of the Hague Convention.

Source-derived case information.

Citation
[2015] EWHC 3276 (Fam)
Parties
Applicant/father: KS; Respondent/mother: MK
Jurisdiction
England and Wales
Judgment Date
29 October 2015
Procedural Posture
Hague Convention Child Abduction Application / Withdrawal of Application Before Final Adjudication
Outcome
Application withdrawn by the applicant/father; child to remain with mother in England.
Legal Topics
Hague Convention, Child Return Proceedings, Parental Responsibility, Mental Health in Family Proceedings
Family Law International Child Abduction Hague Convention Child Return Proceedings Parental Responsibility Mental Health in Family Proceedings

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Parties

KS

Applicant/father

MK

Respondent/mother

Procedural Posture

Hague Convention Child Abduction Application / Withdrawal of Application Before Final Adjudication

Legal Issues

  1. 1 Whether the child should be returned to Spain under the Hague Convention
  2. 2 Whether Article 13(b) grave risk of harm defence applies due to psychological harm to child or mother
  3. 3 Whether the child's objections meet the Convention threshold

Ratio Decidendi

The application was withdrawn by the father in light of overwhelming medical evidence that the prospect of return to Spain posed a grave risk to the mother's mental health, which would in turn create an intolerable situation for the child, making return inappropriate under Article 13(b) of the Hague Convention.

Court Disposition

Application withdrawn by the applicant/father; child to remain with mother in England.

Orders

  • Permission granted for father to issue a fresh child arrangements application under the Children Act 1989.
  • Order made for Skype contact between father and child on specified days and times, with liberty to mother to apply to vary.