X (A Child), Re

X (A Child), Re

The child was habitually resident in the Czech Republic at the time of removal. The removal was wrongful under Article 3 of the 1980 Hague Convention as it was without the father's consent and in breach of his custody rights. The mother failed to establish any defence under Article 13(b); her concerns about racism, childcare, and psychological harm did not meet the threshold of grave risk or intolerable situation. Protective measures and undertakings offered by the father were sufficient. The court ordered the summary return of the child to the Czech Republic.

Parties
Applicant (father): DG; Respondent (mother): AG
Jurisdiction
England and Wales
Judgment Date
27 February 2019
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment on Summary Return Application
Outcome
Application granted. Summary return of the child to the Czech Republic ordered.
Legal Topics
International Child Abduction, Hague Convention 1980, Habitual Residence, Summary Return, Protective Measures, Article 13(b) Defence
Family Law International Law International Child Abduction Hague Convention 1980 Habitual Residence Summary Return Protective Measures Article 13(b) Defence

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Parties

DG

Applicant (father)

AG

Respondent (mother)

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment on Summary Return Application

Legal Issues

  1. 1 Whether the child was habitually resident in the Czech Republic prior to removal to England in 2018
  2. 2 Whether the removal was wrongful under Article 3 of the 1980 Hague Convention
  3. 3 Whether the mother can establish a defence under Article 13(b) of the 1980 Convention (grave risk of harm/intolerable situation)

Ratio Decidendi

The child was habitually resident in the Czech Republic at the time of removal. The removal was wrongful under Article 3 of the 1980 Hague Convention as it was without the father's consent and in breach of his custody rights. The mother failed to establish any defence under Article 13(b); her concerns about racism, childcare, and psychological harm did not meet the threshold of grave risk or intolerable situation. Protective measures and undertakings offered by the father were sufficient. The court ordered the summary return of the child to the Czech Republic.

Court Disposition

Application granted. Summary return of the child to the Czech Republic ordered.

Orders

  • The child is to be returned forthwith to the Czech Republic.
  • The father is to provide undertakings: not to support criminal proceedings against the mother for wrongful removal, not to attend the airport or the mother's address except for agreed contact, not to separate the child from the mother until the first hearing in the Czech Republic, to pay for the child's and, if...