D v M & Anor (Art 13(b) Alleged Murder of Parent) [2026] EWHC 731 (Fam) (01 April 2026)

D v M & Anor (Art 13(b) Alleged Murder of Parent) [2026] EWHC 731 (Fam) (01 April 2026)

The court found that returning S to the United States would expose him to a grave risk of psychological harm and an intolerable situation, given the circumstances of his mother's murder (allegedly involving the father), S's trauma, and the lack of any concrete, effective protective measures. The father's proposals were theoretical and unsupported by evidence. The grave risk exception under Art 13(b) was established and could not be sufficiently ameliorated. Accordingly, the application for a return order was dismissed.

Citation
[2026] EWHC 731 (Fam)
Parties
Applicant: D; First Respondent: M; Second Respondent: S
Jurisdiction
England and Wales
Judgment Date
01 April 2026
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Application dismissed
Legal Topics
Child Abduction, Hague Convention 1980, Grave Risk Exception, Protective Measures, Summary Return Orders
Family Law International Law Child Abduction Hague Convention 1980 Grave Risk Exception Protective Measures Summary Return Orders

Case Brief

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Parties

D

Applicant

M

First Respondent

S

Second Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the return of S to the United States under the 1980 Hague Convention would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation (Art 13(b))
  2. 2 Whether sufficient protective measures could be put in place to ameliorate any grave risk identified
  3. 3 Whether the application was issued more than one year after wrongful retention and if S is settled in his new environment (Art 12)

Ratio Decidendi

The court found that returning S to the United States would expose him to a grave risk of psychological harm and an intolerable situation, given the circumstances of his mother's murder (allegedly involving the father), S's trauma, and the lack of any concrete, effective protective measures. The father's proposals were theoretical and unsupported by evidence. The grave risk exception under Art 13(b) was established and could not be sufficiently ameliorated. Accordingly, the application for a return order was dismissed.

Court Disposition

Application dismissed

Orders

  • Father's application for summary return order under the 1980 Hague Convention is dismissed.
  • No order as to costs.