G and B (Children) (Abduction: Settlement: Grave Risk: Ukraine), Re

G and B (Children) (Abduction: Settlement: Grave Risk: Ukraine), Re

The children are settled in England for Article 12 purposes and return to Ukraine would expose them to grave risk due to war, disruption, and emotional harm, making return intolerable under Article 13(b). Discretion exercised to refuse return.

Parties
Applicant Father: F; Respondent Mother: M
Jurisdiction
England and Wales
Judgment Date
04 February 2025
Procedural Posture
Hague Convention Child Abduction / Final Judgment
Outcome
Application for return refused
Legal Topics
Hague Convention 1980, Child Settlement, Grave Risk Exception, Article 12, Article 13(b)
Family Law International Child Abduction Hague Convention 1980 Child Settlement Grave Risk Exception Article 12 Article 13(b)

Case Brief

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Parties

F

Applicant Father

M

Respondent Mother

Procedural Posture

Hague Convention Child Abduction / Final Judgment

Legal Issues

  1. 1 Whether the children are settled in England for Article 12 purposes
  2. 2 Whether return to Ukraine would expose the children to grave risk under Article 13(b)
  3. 3 Discretion to refuse return based on settlement and risk

Ratio Decidendi

The children are settled in England for Article 12 purposes and return to Ukraine would expose them to grave risk due to war, disruption, and emotional harm, making return intolerable under Article 13(b). Discretion exercised to refuse return.

Court Disposition

Application for return refused

Orders

  • Children not to be returned to Ukraine
  • Urgent fact-finding hearing recommended for welfare decisions