EM (A Child : return order)

EM (A Child : return order)

The court found that, with robust protective measures and undertakings in place, any objective risk of harm to EM or his mother would be appropriately mitigated, and the mother's subjective anxieties did not satisfy the court that her ability to care for the children would be compromised upon return. Therefore, a...

Source-derived case information.

Parties
Applicant: AAM; Respondent: LB
Jurisdiction
England and Wales
Judgment Date
22 February 2021
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Return order granted for EM to Norway with protective measures and undertakings.
Legal Topics
Hague Convention 1980, Article 13(b) Grave Risk Exception, Protective Measures, Domestic Violence Allegations, Habitual Residence
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Protective Measures Domestic Violence Allegations Habitual Residence

Source-derived case record

Summary, issues, holding and outcome

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Parties

AAM

Applicant

LB

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the return of EM to Norway would expose him to grave risk of harm or place him in an intolerable situation under Article 13(b) of the Hague Convention
  2. 2 Whether protective measures can sufficiently mitigate any risk to EM and his mother
  3. 3 Whether the mother's subjective anxieties can found a defence under Article 13(b)

Ratio Decidendi

The court found that, with robust protective measures and undertakings in place, any objective risk of harm to EM or his mother would be appropriately mitigated, and the mother's subjective anxieties did not satisfy the court that her ability to care for the children would be compromised upon return. Therefore, a return order was appropriate.

Court Disposition

Return order granted for EM to Norway with protective measures and undertakings.

Orders

  • Father to arrange hearing before Norwegian Family Court as soon as possible after EM's return.
  • Father to pay for air tickets for mother and children if she returns.