D v E [2025] EWHC 1172 (Fam) (15 May 2025)

D v E [2025] EWHC 1172 (Fam) (15 May 2025)

The mother's allegations of domestic abuse and instability, corroborated by social services and expert evidence, are of sufficient detail and substance to establish a grave risk under Article 13b. Protective measures offered cannot sufficiently ameliorate the risk, as the mother's mental health vulnerabilities would likely be destabilized by return, impacting O's welfare. The defence under Article 13b is made out and return is refused.

Citation
[2025] EWHC 1172 (Fam)
Parties
Applicant: D; Respondent: E
Jurisdiction
England and Wales
Judgment Date
15 May 2025
Procedural Posture
1980 Hague Convention Child Abduction Application / Final Judgment
Outcome
Application for return refused
Legal Topics
Hague Convention 1980, Article 13b Grave Risk Exception, Protective Measures, Domestic Abuse, Mental Health Impact
Family Law International Child Abduction Hague Convention 1980 Article 13b Grave Risk Exception Protective Measures Domestic Abuse Mental Health Impact

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

D

Applicant

E

Respondent

Procedural Posture

1980 Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether the defence under Article 13b of the Hague Convention is made out
  2. 2 Whether there is a grave risk that return would expose O to physical or psychological harm or place her in an intolerable situation
  3. 3 Adequacy of protective measures in Spain

Ratio Decidendi

The mother's allegations of domestic abuse and instability, corroborated by social services and expert evidence, are of sufficient detail and substance to establish a grave risk under Article 13b. Protective measures offered cannot sufficiently ameliorate the risk, as the mother's mental health vulnerabilities would likely be destabilized by return, impacting O's welfare. The defence under Article 13b is made out and return is refused.

Court Disposition

Application for return refused

Orders

  • No return order made under the Hague Convention
  • Spanish courts may exercise jurisdiction over O's welfare