N (A Child) (Ukraine: Art. 13 (b)) (No. 2), Re

N (A Child) (Ukraine: Art. 13 (b)) (No. 2), Re

The evidence does not establish that N would face a grave risk of harm or intolerable situation if returned to T Town, Ukraine, given the absence of hostilities, the father's undertakings, and the availability of protective measures. The psychological harm of separation from Ukraine outweighs the risks cited by the...

Source-derived case information.

Parties
Applicant: A Father; Respondent: A Mother
Jurisdiction
England and Wales
Judgment Date
24 May 2024
Procedural Posture
Child Abduction Summary Return Application / Judgment After Updated Evidence and Submissions
Outcome
Return order granted
Legal Topics
Child Abduction, Hague Convention 1980, Article 13(b) Defence, Protective Measures, Jurisdiction
Family Law International Law Child Abduction Hague Convention 1980 Article 13(b) Defence Protective Measures Jurisdiction

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Summary, issues, holding and outcome

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Parties

A Father

Applicant

A Mother

Respondent

Procedural Posture

Child Abduction Summary Return Application / Judgment After Updated Evidence and Submissions

Legal Issues

  1. 1 Whether the return of N to Ukraine would expose him to a grave risk of harm or place him in an intolerable situation under Article 13(b) of the Hague Convention
  2. 2 Whether protective measures and undertakings are sufficient to mitigate any risks upon return
  3. 3 Whether the undertakings must be registered in Ukraine prior to return

Ratio Decidendi

The evidence does not establish that N would face a grave risk of harm or intolerable situation if returned to T Town, Ukraine, given the absence of hostilities, the father's undertakings, and the availability of protective measures. The psychological harm of separation from Ukraine outweighs the risks cited by the mother. The Article 13(b) defence is not made out and a return order is appropriate.

Court Disposition

Return order granted

Orders

  • N to be returned to Ukraine no later than 3 June 2024
  • Father to move to T Town at least 2 days prior to N's return and remain there pending further order of the X District Court