AB v CD

AB v CD

EF was habitually resident in Portugal prior to removal. The removal was wrongful under the 1980 Hague Convention. No Article 13(b) defence is established: the alleged risks can be managed by Portuguese authorities and protective measures. EF does not object to return within the meaning of the Convention. The court is under a duty to order EF's return to Portugal forthwith, subject to practical arrangements and possible protective measures.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Child Abduction (hague Convention) / Judgment on Application for Summary Return of Child
Outcome
Return order granted; EF to be returned to Portugal forthwith (after school term), subject to further hearing on practical arrangements and protective measures.
Legal Topics
Child Abduction, Hague Convention 1980, Habitual Residence, Summary Return, Parental Responsibility, Protective Measures
Family Law International Law Child Abduction Hague Convention 1980 Habitual Residence Summary Return Parental Responsibility Protective Measures

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Judgment on Application for Summary Return of Child

Legal Issues

  1. 1 Whether EF was wrongfully removed from Portugal under the 1980 Hague Convention
  2. 2 Whether any Article 13(b) defence (grave risk of harm/intolerable situation) is established
  3. 3 Whether EF objects to return and has sufficient maturity for her views to be considered

Ratio Decidendi

EF was habitually resident in Portugal prior to removal. The removal was wrongful under the 1980 Hague Convention. No Article 13(b) defence is established: the alleged risks can be managed by Portuguese authorities and protective measures. EF does not object to return within the meaning of the Convention. The court is under a duty to order EF's return to Portugal forthwith, subject to practical arrangements and possible protective measures.

Court Disposition

Return order granted; EF to be returned to Portugal forthwith (after school term), subject to further hearing on practical arrangements and protective measures.

Orders

  • Order for the summary return of EF to Portugal under the 1980 Hague Convention.
  • Adjournment for further hearing on 20 July 2023 to determine practical arrangements and any Article 11 protective measures.