C v D

C v D

The court found that the respondent mother established a grave risk that the return of the children to the USA would expose them to psychological harm or otherwise place them in an intolerable situation, primarily due to the likely deterioration of her mental health upon return, which would impair her ability to care for the children, and the inadequacy of the protective measures offered by the applicant. The Article 13(b) threshold was met, and the applicant's proposals did not sufficiently ameliorate the risk. Accordingly, the application for summary return was dismissed.

Parties
Applicant: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
27 November 2025
Procedural Posture
Family Law Child Abduction (hague Convention) / Final Judgment
Outcome
Application for summary return of the children to the USA dismissed.
Legal Topics
Hague Convention 1980, Article 13(b) Grave Risk Exception, Protective Measures, Domestic Abuse, Mental Health and Parenting, Summary Return of Children
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Protective Measures Domestic Abuse Mental Health and Parenting Summary Return of Children

Case Brief

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Parties

C

Applicant

D

Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the Article 13(b) grave risk exception to summary return under the Hague Convention is established
  2. 2 Whether the protective measures offered by the applicant are sufficient to ameliorate the grave risk of harm to the children
  3. 3 Whether the children should be summarily returned to the USA

Ratio Decidendi

The court found that the respondent mother established a grave risk that the return of the children to the USA would expose them to psychological harm or otherwise place them in an intolerable situation, primarily due to the likely deterioration of her mental health upon return, which would impair her ability to care for the children, and the inadequacy of the protective measures offered by the applicant. The Article 13(b) threshold was met, and the applicant's proposals did not sufficiently ameliorate the risk. Accordingly, the application for summary return was dismissed.

Court Disposition

Application for summary return of the children to the USA dismissed.

Orders

  • The application for summary return under the Hague Convention is dismissed.
  • The children are not to be returned to the USA.