ADK v ASI

ADK v ASI

The court found that the mother's allegations, if true, could constitute a grave risk of harm to the children under Article 13(b) of the Hague Convention, but that sufficient protective measures can be put in place in Latvia to ameliorate those risks. The Latvian court's findings did not amount to an issue estoppel....

Source-derived case information.

Parties
Applicant: ADK; Respondent: ASI; Second Respondent (non Subject Child): N
Jurisdiction
England and Wales
Judgment Date
17 October 2022
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Contested Hearing
Outcome
Return of the children to Latvia ordered, subject to protective measures and an eight-week suspension to allow the mother to seek relief in Latvia.
Legal Topics
Child Abduction, Hague Convention 1980, Custody and Access, Protective Measures, Domestic Violence, Issue Estoppel
Family Law International Law Child Abduction Hague Convention 1980 Custody and Access Protective Measures Domestic Violence Issue Estoppel

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Parties

ADK

Applicant

ASI

Respondent

N

Second Respondent (non Subject Child)

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother's retention of the children in England was wrongful under the Hague Convention
  2. 2 Whether the Article 13(b) defence (grave risk of harm/intolerable situation) is established
  3. 3 Whether protective measures can sufficiently ameliorate any grave risk to the children or mother on return to Latvia

Ratio Decidendi

The court found that the mother's allegations, if true, could constitute a grave risk of harm to the children under Article 13(b) of the Hague Convention, but that sufficient protective measures can be put in place in Latvia to ameliorate those risks. The Latvian court's findings did not amount to an issue estoppel. The return of the children is ordered, subject to safeguards and a short suspension to allow the mother to seek relief in Latvia.

Court Disposition

Return of the children to Latvia ordered, subject to protective measures and an eight-week suspension to allow the mother to seek relief in Latvia.

Orders

  • Father not to be at the airport on arrival and not to travel to mother's home.
  • Father to pay €1,050 for first three months' rent and €350 per month thereafter, plus €400 per month child support.