AT v SS

AT v SS

The separation of S from his mother and placement in foster care in Holland, consequent upon an order for return, does not expose S to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation for the purposes of Article 13(b), given the protective measures available in Holland. The mother’s refusal to return with S does not satisfy the narrow exception under Article 13(b).

Parties
Applicant: AT; Respondent: SS
Jurisdiction
England and Wales
Judgment Date
29 September 2015
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Return order granted
Legal Topics
International Child Abduction, Hague Convention, Parental Responsibility, Summary Return, Protective Measures
Family Law International Law International Child Abduction Hague Convention Parental Responsibility Summary Return Protective Measures

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Parties

AT

Applicant

SS

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the summary return of S to Holland would expose S to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation under Article 13(b) of the Hague Convention

Ratio Decidendi

The separation of S from his mother and placement in foster care in Holland, consequent upon an order for return, does not expose S to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation for the purposes of Article 13(b), given the protective measures available in Holland. The mother’s refusal to return with S does not satisfy the narrow exception under Article 13(b).

Court Disposition

Return order granted

Orders

  • Order for the return of S to the jurisdiction of Holland pursuant to Article 12 of the Hague Convention
  • Penal notice attached to the return order