CH v GLS

CH v GLS

The father's conduct, texts, and actions led the mother to reasonably believe he acquiesced in A living in England, and the circumstances of the mother's pregnancy, limited support in Spain, and credible allegations of domestic violence create a grave risk and intolerable situation for A if returned. The exceptions under Article 13(b) and acquiescence are made out.

Parties
Applicant: CH; Respondent: GLS
Jurisdiction
England and Wales
Judgment Date
28 November 2019
Procedural Posture
Hague Convention Child Abduction Application / Judgment
Outcome
Application for summary return of the child to Spain dismissed.
Legal Topics
Hague Convention, Brussels II Revised, Acquiescence, Grave Risk of Harm, Protective Measures
Family Law International Child Abduction Hague Convention Brussels II Revised Acquiescence Grave Risk of Harm Protective Measures

Case Brief

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Parties

CH

Applicant

GLS

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment

Legal Issues

  1. 1 Whether the father acquiesced to the child remaining in England
  2. 2 Whether returning the child to Spain would expose her to grave risk of harm or intolerable situation under Article 13(b)

Ratio Decidendi

The father's conduct, texts, and actions led the mother to reasonably believe he acquiesced in A living in England, and the circumstances of the mother's pregnancy, limited support in Spain, and credible allegations of domestic violence create a grave risk and intolerable situation for A if returned. The exceptions under Article 13(b) and acquiescence are made out.

Court Disposition

Application for summary return of the child to Spain dismissed.

Orders

  • No order for return of A to Spain.
  • A to remain in England with the mother.