IO (A Child), Re

IO (A Child), Re

The mother failed to prove that the father acquiesced in the child remaining in England or that there was a grave risk of harm or intolerable situation if the child were returned to Ukraine. The evidence showed the father acted promptly to secure the child's return and did not unequivocally accept the child's continued presence in England. The allegations of harm were undermined by the mother's prior conduct and insufficient to meet the high threshold of Article 13(b).

Parties
Applicant: AO; Respondent: ZP
Jurisdiction
England and Wales
Judgment Date
11 September 2015
Procedural Posture
Child Abduction Application Under the Hague Convention / Judgment After Contested Hearing
Outcome
Application granted; summary return of the child to Ukraine ordered.
Legal Topics
Child Abduction, Hague Convention 1980, Summary Return, Acquiescence, Article 13(b) Defence
Family Law International Law Child Abduction Hague Convention 1980 Summary Return Acquiescence Article 13(b) Defence

Case Brief

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Parties

AO

Applicant

ZP

Respondent

Procedural Posture

Child Abduction Application Under the Hague Convention / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the father acquiesced in the child remaining in England and Wales
  2. 2 Whether there is a grave risk that return would expose the child to physical or psychological harm or place him in an intolerable situation under Article 13(b)

Ratio Decidendi

The mother failed to prove that the father acquiesced in the child remaining in England or that there was a grave risk of harm or intolerable situation if the child were returned to Ukraine. The evidence showed the father acted promptly to secure the child's return and did not unequivocally accept the child's continued presence in England. The allegations of harm were undermined by the mother's prior conduct and insufficient to meet the high threshold of Article 13(b).

Court Disposition

Application granted; summary return of the child to Ukraine ordered.

Orders

  • The child, I, is to be returned summarily to Ukraine.
  • Further submissions to be heard on consequential orders.