A Father v A Mother & Ors

A Father v A Mother & Ors

The court found that return to Lithuania would expose the children to grave risk of physical and psychological harm or place them in an intolerable situation, and that protective measures proposed were insufficient. The mother’s allegations of abuse, the children’s objections, and the risk to the mother’s mental health were considered. The court exercised its discretion not to order return under Article 13b.

Parties
Applicant: A Father; First Respondent: A Mother; Second and Third Respondents: V and W by their Children’s Guardian, Lynn Magson
Jurisdiction
England and Wales
Judgment Date
30 March 2022
Procedural Posture
Hague Convention Child Abduction / Judgment on Return Application
Outcome
Application dismissed
Legal Topics
Hague Convention 1980, Grave Risk of Harm, Children's Objections, Recognition of Foreign Judgments, Protective Measures
Family Law International Child Abduction Hague Convention 1980 Grave Risk of Harm Children's Objections Recognition of Foreign Judgments Protective Measures

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Parties

A Father

Applicant

A Mother

First Respondent

V and W by their Children’s Guardian, Lynn Magson

Second and Third Respondents

Procedural Posture

Hague Convention Child Abduction / Judgment on Return Application

Legal Issues

  1. 1 Whether the court is bound by findings of the Lithuanian courts
  2. 2 Approach to mother's allegations of abuse not raised in Lithuania
  3. 3 Existence of grave risk of harm or intolerable situation under Article 13b

Ratio Decidendi

The court found that return to Lithuania would expose the children to grave risk of physical and psychological harm or place them in an intolerable situation, and that protective measures proposed were insufficient. The mother’s allegations of abuse, the children’s objections, and the risk to the mother’s mental health were considered. The court exercised its discretion not to order return under Article 13b.

Court Disposition

Application dismissed

Orders

  • No return order is made; the father's application for summary return is dismissed.