C v B

C v B

The mother failed to demonstrate, on balance, that the children would face a grave risk of physical or psychological harm or intolerable situation upon return to Spain; protective measures and undertakings offered by the father, combined with Spanish social services and court oversight, are sufficient to mitigate risk. Therefore, the court is obliged to order the return of the children under the Hague Convention.

Parties
Applicant: C; Respondent: B
Jurisdiction
England and Wales
Judgment Date
21 May 2021
Procedural Posture
Child Abduction (hague Convention) / Final Hearing
Outcome
Return order granted under the Hague Convention; exception under Article 13(b) not established.
Legal Topics
International Child Abduction, Hague Convention, Custody, Protective Measures, Domestic Abuse
Family Law International Law International Child Abduction Hague Convention Custody Protective Measures Domestic Abuse

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Parties

C

Applicant

B

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Hearing

Legal Issues

  1. 1 Whether the removal of the children from Spain to England was wrongful under Article 3 of the 1980 Hague Convention
  2. 2 Whether the exception under Article 13(b) (grave risk of harm/intolerable situation) applies to prevent return
  3. 3 Adequacy of protective measures for mother and children upon return

Ratio Decidendi

The mother failed to demonstrate, on balance, that the children would face a grave risk of physical or psychological harm or intolerable situation upon return to Spain; protective measures and undertakings offered by the father, combined with Spanish social services and court oversight, are sufficient to mitigate risk. Therefore, the court is obliged to order the return of the children under the Hague Convention.

Court Disposition

Return order granted under the Hague Convention; exception under Article 13(b) not established.

Orders

  • Children to be returned to Spain after the Spanish court hearing scheduled for 7 July 2021.
  • Father to withdraw police complaint before implementation of return order.