AX v CY (Article 12; Settlement)

AX v CY (Article 12; Settlement)

All defences to summary return under the Hague Convention failed: the child was not settled in the UK as of the relevant date; there was no grave risk of harm or intolerable situation if returned to Spain; the child's views did not amount to an objection; and return would not breach fundamental rights. Therefore, the court ordered the child's return to Spain.

Parties
Applicant: AX; Respondent: CY
Jurisdiction
England and Wales
Judgment Date
10 June 2020
Procedural Posture
Child Abduction Under the Hague Convention (child Abduction and Custody Act 1985) / Final Judgment After Contested Hearing
Outcome
Order for return of the child to Spain granted.
Legal Topics
Child Abduction, Hague Convention 1980, Custody Rights, Summary Return, Protective Measures, Settlement Defence, Grave Risk of Harm, Child's Objections, Human Rights (article 20)
Family Law International Law Child Abduction Hague Convention 1980 Custody Rights Summary Return Protective Measures Settlement Defence +3 more

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Parties

AX

Applicant

CY

Respondent

Procedural Posture

Child Abduction Under the Hague Convention (child Abduction and Custody Act 1985) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the removal of the child from Spain to the UK was wrongful under the Hague Convention 1980
  2. 2 Whether the child is settled in her new environment (Article 12)
  3. 3 Whether there is a grave risk of harm or intolerable situation if returned (Article 13(b))

Ratio Decidendi

All defences to summary return under the Hague Convention failed: the child was not settled in the UK as of the relevant date; there was no grave risk of harm or intolerable situation if returned to Spain; the child's views did not amount to an objection; and return would not breach fundamental rights. Therefore, the court ordered the child's return to Spain.

Court Disposition

Order for return of the child to Spain granted.

Orders

  • The child shall be returned to Spain as soon as reasonably practicable, subject to Covid-19 travel restrictions.
  • Protective measures to be agreed between the parties, including undertakings by the applicant regarding supervised contact, non-molestation, non-removal, withdrawal of police complaint, payment of child maintenance, provision of return flight, and temporary accommodation for the respondent.