B v P

B v P

The father did not give clear and unequivocal consent to the removal of the child. The evidence does not establish grave risk of harm or intolerable situation upon return, especially in light of the father's undertakings. Summary return is ordered.

Parties
Applicant: B; Respondent: P
Jurisdiction
England and Wales
Judgment Date
24 April 2015
Procedural Posture
Child Abduction (hague Convention) / Judgment After Contested Hearing
Outcome
Summary return of the child to Texas ordered.
Legal Topics
Consent to Removal, Grave Risk of Harm, Summary Return, Protective Measures
Family Law International Child Abduction Consent to Removal Grave Risk of Harm Summary Return Protective Measures

Case Brief

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Parties

B

Applicant

P

Respondent

Procedural Posture

Child Abduction (hague Convention) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the father consented to the removal of the child to England
  2. 2 Whether the child would be at grave risk of harm or placed in an intolerable situation if returned to Texas

Ratio Decidendi

The father did not give clear and unequivocal consent to the removal of the child. The evidence does not establish grave risk of harm or intolerable situation upon return, especially in light of the father's undertakings. Summary return is ordered.

Court Disposition

Summary return of the child to Texas ordered.

Orders

  • The child J is to be returned to Texas with her mother.
  • The father is to provide suitable accommodation for the mother and J near Austin, Texas at $900 per month.