CC v ME (Rev1) [2021] EWFC B80 (15 December 2021)

CC v ME (Rev1) [2021] EWFC B80 (15 December 2021)

The mother's application was made within one year of the wrongful removal, so the Article 12 'settlement' defence does not arise. Even if considered, the children are not psychologically settled in England. The Article 13(b) 'grave risk' defence is not made out, as the proposed arrangements for return to Switzerland are sufficient to avoid intolerable harm. The children must be returned to Switzerland.

Citation
[2021] EWFC B80
Parties
Applicant Mother: CC; Respondent Father: ME
Jurisdiction
England and Wales
Judgment Date
15 December 2021
Procedural Posture
Child Abduction Under the Hague Convention (child Abduction and Custody Act 1985) / Final Hearing, Judgment
Outcome
Application granted; order for return of children to Switzerland.
Legal Topics
International Child Abduction, Hague Convention 1980, Custody Rights, Settlement Defence, Grave Risk Defence
Family Law International Law International Child Abduction Hague Convention 1980 Custody Rights Settlement Defence Grave Risk Defence

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Parties

CC

Applicant Mother

ME

Respondent Father

Procedural Posture

Child Abduction Under the Hague Convention (child Abduction and Custody Act 1985) / Final Hearing, Judgment

Legal Issues

  1. 1 Whether the children were wrongfully removed from Switzerland to England under Article 3 of the Hague Convention
  2. 2 Whether the Article 12 'settlement' defence applies
  3. 3 Whether the Article 13(b) 'grave risk' defence applies

Ratio Decidendi

The mother's application was made within one year of the wrongful removal, so the Article 12 'settlement' defence does not arise. Even if considered, the children are not psychologically settled in England. The Article 13(b) 'grave risk' defence is not made out, as the proposed arrangements for return to Switzerland are sufficient to avoid intolerable harm. The children must be returned to Switzerland.

Court Disposition

Application granted; order for return of children to Switzerland.

Orders

  • Children R and J to be returned to Switzerland by the beginning of the February 2022 school half term week.
  • Mother to execute written commitments regarding housing, schooling, and health insurance for the children in Switzerland.