C v R

C v R

The mother has not established that H would face a grave risk of physical or psychological harm or be placed in an intolerable situation if returned to Hong Kong. Adequate mental health care and state benefits are available, the father's protective measures are sufficient, and any separation from siblings or practical difficulties in return are likely to be brief and not to reach the Article 13(b) threshold. The father's application for summary return is granted.

Parties
Applicant: C; Respondent: R
Jurisdiction
England and Wales
Judgment Date
03 August 2022
Procedural Posture
Family Law Child Abduction (hague Convention) / Final Judgment on Application for Summary Return Order
Outcome
Application granted; summary return order made for H to Hong Kong.
Legal Topics
Child Abduction, Hague Convention 1980, Article 13(b) Exception, Summary Return Orders, Protective Measures
Family Law International Law Child Abduction Hague Convention 1980 Article 13(b) Exception Summary Return Orders Protective Measures

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Parties

C

Applicant

R

Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Final Judgment on Application for Summary Return Order

Legal Issues

  1. 1 Whether the return of the child H to Hong Kong would expose her to a grave risk of physical or psychological harm or otherwise place her in an intolerable situation under Article 13(b) of the Hague Convention 1980
  2. 2 Whether adequate protective measures can be put in place to mitigate any such risk

Ratio Decidendi

The mother has not established that H would face a grave risk of physical or psychological harm or be placed in an intolerable situation if returned to Hong Kong. Adequate mental health care and state benefits are available, the father's protective measures are sufficient, and any separation from siblings or practical difficulties in return are likely to be brief and not to reach the Article 13(b) threshold. The father's application for summary return is granted.

Court Disposition

Application granted; summary return order made for H to Hong Kong.

Orders

  • Summary return order in respect of H to Hong Kong under the Child Abduction and Custody Act 1985 and the Hague Convention 1980.
  • Matter listed for remote directions hearing on 4 August 2022.