Re EF (Abduction: Hague Convention (Slovakia))

Re EF (Abduction: Hague Convention (Slovakia))

The court found that EF was habitually resident in the UK at the time of removal, so the Hague Convention did not apply. Even if it had applied, F had consented to EF's removal and there was a grave risk that EF's return would expose her to harm due to F's history of violent, coercive, and controlling behaviour. Protective measures proposed were insufficient to mitigate the risk. The application for summary return was dismissed.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
09 March 2023
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment After Full Hearing
Outcome
Application dismissed
Legal Topics
Child Abduction, Hague Convention, Habitual Residence, Consent, Grave Risk of Harm, Domestic Abuse, Protective Measures
Family Law International Law Child Abduction Hague Convention Habitual Residence Consent Grave Risk of Harm Domestic Abuse +1 more

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the child EF was habitually resident in Slovakia at the time of removal
  2. 2 Whether the removal was wrongful under the Hague Convention
  3. 3 Whether the left-behind parent (F) consented to the removal (Article 13(a))

Ratio Decidendi

The court found that EF was habitually resident in the UK at the time of removal, so the Hague Convention did not apply. Even if it had applied, F had consented to EF's removal and there was a grave risk that EF's return would expose her to harm due to F's history of violent, coercive, and controlling behaviour. Protective measures proposed were insufficient to mitigate the risk. The application for summary return was dismissed.

Court Disposition

Application dismissed

Orders

  • Permission granted to admit Facebook message of 1 October 2021 as evidence
  • Application for summary return of EF to Slovakia dismissed