Re C (Art 13(b): Summary Return to Lithuania)

Re C (Art 13(b): Summary Return to Lithuania)

The father failed to establish, on the balance of probabilities, that C’s return to Lithuania would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation. The mother’s past mental health and alcohol issues do not meet the Article 13(b) threshold, and any concerns can be addressed by the Lithuanian courts and protective measures. The evidence does not support that C is sufficiently settled in England to make return intolerable. The Lithuanian court is best placed to determine future welfare arrangements.

Parties
Applicant Mother: LM; Respondent Father: LF
Jurisdiction
England and Wales
Judgment Date
05 May 2026
Procedural Posture
Child Abduction Summary Return Application / Final Judgment
Outcome
Summary return of the child to Lithuania ordered
Legal Topics
Hague Convention 1980, Article 13(b) Grave Risk Exception, Summary Return, Habitual Residence, Protective Measures
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Summary Return Habitual Residence Protective Measures

Case Brief

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Parties

LM

Applicant Mother

LF

Respondent Father

Procedural Posture

Child Abduction Summary Return Application / Final Judgment

Legal Issues

  1. 1 Whether the Article 13(b) grave risk exception to summary return is established
  2. 2 Whether the delay and child’s settlement in England amount to an intolerable situation under Article 13(b)
  3. 3 Whether the mother’s mental health and alcohol use create a grave risk to the child

Ratio Decidendi

The father failed to establish, on the balance of probabilities, that C’s return to Lithuania would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation. The mother’s past mental health and alcohol issues do not meet the Article 13(b) threshold, and any concerns can be addressed by the Lithuanian courts and protective measures. The evidence does not support that C is sufficiently settled in England to make return intolerable. The Lithuanian court is best placed to determine future welfare arrangements.

Court Disposition

Summary return of the child to Lithuania ordered

Orders

  • C to be returned to Lithuania with the father, who will pay for and accompany C on the flight
  • C to remain in the father’s care in Lithuania under the existing Lithuanian court order until further order