AB v CD

AB v CD

The court found that neither the child's objections nor the mother's alleged risk of psychiatric breakdown established a grave risk of intolerable situation under Article 13(b). Protective measures, including arrangements for the child to spend significant time with the mother in London, were sufficient to mitigate any risk. The evidence did not support allegations of abuse or intolerable conditions, and the mother's immigration concerns did not justify refusal of return. The return order was granted with undertakings to ensure continued contact with the mother and protection of her immigration status.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
21 November 2019
Procedural Posture
Hague Convention Child Abduction Application / Final Hearing
Outcome
Return order granted with undertakings.
Legal Topics
Hague Convention, Article 13(b), Child's Objections, Protective Measures, Parental Rights, Immigration Status
Family Law International Child Abduction Hague Convention Article 13(b) Child's Objections Protective Measures Parental Rights Immigration Status

Case Brief

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Hearing

Legal Issues

  1. 1 Should the court refuse a return on grounds of the child's objections?
  2. 2 Should the court refuse a return on the basis of Article 13(b)?
  3. 3 Are protective measures sufficient to mitigate any grave risk of harm or intolerable situation for the child?

Ratio Decidendi

The court found that neither the child's objections nor the mother's alleged risk of psychiatric breakdown established a grave risk of intolerable situation under Article 13(b). Protective measures, including arrangements for the child to spend significant time with the mother in London, were sufficient to mitigate any risk. The evidence did not support allegations of abuse or intolerable conditions, and the mother's immigration concerns did not justify refusal of return. The return order was granted with undertakings to ensure continued contact with the mother and protection of her immigration status.

Court Disposition

Return order granted with undertakings.

Orders

  • The child Y is to be returned to Belgium.
  • The father is to undertake to bring Y to London to spend at least 2 weekends per month with the mother if the mother does not return to Belgium.