D v M & Anor (Art 13(b) Alleged Murder of Parent)

D v M & Anor (Art 13(b) Alleged Murder of Parent)

The court found that S would be exposed to a grave risk of psychological harm and placed in an intolerable situation if returned to the United States, given the circumstances of his mother's murder, the father's alleged involvement, S's trauma, and the lack of concrete, effective protective measures. The father's proposals were theoretical and unsupported by evidence. Accordingly, the application for a return order was dismissed.

Parties
Applicant: D; First Respondent: M; Second Respondent: S
Jurisdiction
England and Wales
Judgment Date
01 April 2026
Procedural Posture
Family Law Child Abduction / Judgment on Application for Return Order Under the 1980 Hague Convention
Outcome
Application dismissed
Legal Topics
Hague Convention 1980, Article 13(b) Grave Risk Exception, Protective Measures, Summary Return Orders
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Protective Measures Summary Return Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

D

Applicant

M

First Respondent

S

Second Respondent

Procedural Posture

Family Law Child Abduction / Judgment on Application for Return Order Under the 1980 Hague Convention

Legal Issues

  1. 1 Whether the return of S to the United States would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation under Article 13(b) of the 1980 Hague Convention
  2. 2 Whether sufficient protective measures can be put in place to ameliorate any grave risk identified
  3. 3 Whether the application is defeated by the settlement exception under Article 12

Ratio Decidendi

The court found that S would be exposed to a grave risk of psychological harm and placed in an intolerable situation if returned to the United States, given the circumstances of his mother's murder, the father's alleged involvement, S's trauma, and the lack of concrete, effective protective measures. The father's proposals were theoretical and unsupported by evidence. Accordingly, the application for a return order was dismissed.

Court Disposition

Application dismissed

Orders

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