KS v MK
The father's application for return was withdrawn due to the mother's acute mental health crisis, including a serious suicide attempt, which would create an intolerable situation for the child if return to Spain were ordered.
- Parties
- Applicant/father: KS; Respondent/mother: MK
- Jurisdiction
- England and Wales
- Judgment Date
- 29 October 2015
- Procedural Posture
- Child Abduction (hague Convention) / Withdrawal of Application; Final Hearing
- Outcome
- Application for return withdrawn; child to remain with mother in England.
- Legal Topics
- Hague Convention, Child Arrangements, Psychological Harm, Wrongful Retention, Settlement Defence
Case Brief
Summary, issues, holding and outcome
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Parties
KS
Applicant/father
MK
Respondent/mother
Procedural Posture
Child Abduction (hague Convention) / Withdrawal of Application; Final Hearing
Legal Issues
- 1 Whether the child should be returned to Spain under the Hague Convention
- 2 Whether the child faces grave risk of psychological harm or intolerable situation under Article 13(b)
- 3 Whether the mother's mental health creates an intolerable situation for the child
Ratio Decidendi
The father's application for return was withdrawn due to the mother's acute mental health crisis, including a serious suicide attempt, which would create an intolerable situation for the child if return to Spain were ordered.
Court Disposition
Application for return withdrawn; child to remain with mother in England.
Orders
- Permission for father to issue fresh application for child arrangements order under Children Act 1989.
- Order for Skype contact between father and child, with mother permitted to apply to vary times and days.
Full Case Text
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