A Mother v A Father & Anor

A Mother v A Father & Anor

The child does not genuinely object to return; the risk of harm from separation or father's imprisonment does not meet the grave risk threshold; protective measures are sufficient to address any residual risk; summary return is ordered subject to undertakings.

Parties
Applicant: A Mother; First Respondent: A Father; Second Respondent: A Child
Jurisdiction
England and Wales
Judgment Date
18 October 2024
Procedural Posture
Child Abduction (hague Convention) / Final Hearing
Outcome
Order for summary return of the child to Singapore, conditional upon specified undertakings by the mother.
Legal Topics
Hague Convention, Child's Objection, Grave Risk Exception, Protective Measures, Child Maintenance, Parental Rights
Family Law International Child Abduction Hague Convention Child's Objection Grave Risk Exception Protective Measures Child Maintenance Parental Rights

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Parties

A Mother

Applicant

A Father

First Respondent

A Child

Second Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Hearing

Legal Issues

  1. 1 Whether the child objects to return under Article 13 of the Hague Convention
  2. 2 Whether return would expose the child to grave risk of harm under Article 13(b)
  3. 3 Appropriateness and sufficiency of protective measures

Ratio Decidendi

The child does not genuinely object to return; the risk of harm from separation or father's imprisonment does not meet the grave risk threshold; protective measures are sufficient to address any residual risk; summary return is ordered subject to undertakings.

Court Disposition

Order for summary return of the child to Singapore, conditional upon specified undertakings by the mother.

Orders

  • Mother to provide undertakings regarding non-enforcement of maintenance arrears until first on-notice hearing in Singapore.
  • Mother to provide evidence of withdrawal of enforcement application prior to child's return.