AF v AM
The mother established a grave risk of harm or intolerability to D under Article 13(b) due to cumulative risks of domestic abuse, deterioration of her mental health, and potential separation from D. The protective measures offered by the father were insufficient to mitigate these risks. Therefore, the court exercised its discretion to refuse the return of D to Australia.
- Parties
- Applicant: AF; Respondent: AM
- Jurisdiction
- England and Wales
- Judgment Date
- 04 March 2025
- Procedural Posture
- Child Abduction (hague Convention) / Final Judgment
- Outcome
- Application for summary return dismissed
- Legal Topics
- Child Abduction, Hague Convention, Custody, Domestic Violence, Mental Health, Protective Measures
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
AF
Applicant
AM
Respondent
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Legal Issues
- 1 Whether the removal of D to the UK was wrongful under the Hague Convention
- 2 Whether the father acquiesced in the removal (Article 13(a))
- 3 Whether there is a grave risk of harm or intolerability to D if returned to Australia (Article 13(b))
Ratio Decidendi
The mother established a grave risk of harm or intolerability to D under Article 13(b) due to cumulative risks of domestic abuse, deterioration of her mental health, and potential separation from D. The protective measures offered by the father were insufficient to mitigate these risks. Therefore, the court exercised its discretion to refuse the return of D to Australia.
Court Disposition
Application for summary return dismissed
Orders
- D's return to Australia is refused
- Father's application under the Hague Convention is dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment