N (A Child) (Ukraine: Art. 13 (b)), Re

N (A Child) (Ukraine: Art. 13 (b)), Re

The court finds that returning N to X Town, Ukraine, would place him at a low but grave risk of physical harm due to the ongoing war and proximity to a potential military target, which no child should be expected to tolerate. The Article 13(b) defence is made out as to X Town. The court adjourns the application to...

Source-derived case information.

Parties
Applicant: A Father; Respondent: A Mother
Jurisdiction
England and Wales
Judgment Date
17 April 2024
Procedural Posture
Hague Convention Child Abduction Application / Interlocutory Judgment on Article 13(b) Defence and Directions
Outcome
Adjourned for further evidence; conditional dismissal if no alternative arrangements proposed
Legal Topics
Child Abduction, Hague Convention 1980, Article 13(b) Grave Risk of Harm, Protective Measures, Habitual Residence, Summary Return
Family Law International Law Child Abduction Hague Convention 1980 Article 13(b) Grave Risk of Harm Protective Measures Habitual Residence Summary Return

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Summary, issues, holding and outcome

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Parties

A Father

Applicant

A Mother

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Interlocutory Judgment on Article 13(b) Defence and Directions

Legal Issues

  1. 1 Whether the return of the child N to Ukraine would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation under Article 13(b) of the Hague Convention
  2. 2 Whether protective measures or alternative arrangements can sufficiently mitigate any grave risk of harm to N upon return to Ukraine

Ratio Decidendi

The court finds that returning N to X Town, Ukraine, would place him at a low but grave risk of physical harm due to the ongoing war and proximity to a potential military target, which no child should be expected to tolerate. The Article 13(b) defence is made out as to X Town. The court adjourns the application to allow the father to provide evidence of alternative arrangements for N's residence in Ukraine outside X Town. If no such evidence is filed, the application for return will be dismissed.

Court Disposition

Adjourned for further evidence; conditional dismissal if no alternative arrangements proposed

Orders

  • Father granted permission to file and serve a witness statement (max 10 pages) on alternative residence for N in Ukraine, other than X Town, within a set timeframe.
  • Mother granted permission to respond if such statement is filed.