D v E

D v E

The mother's allegations of domestic abuse, corroborated by social services evidence, and her mental health vulnerabilities create a grave risk that O would be exposed to psychological harm or an intolerable situation if returned to Spain. Protective measures and undertakings offered cannot sufficiently ameliorate this risk, as the mother's stability and ability to care for O would be jeopardised by return. The Article 13b defence is made out and the court exercises its discretion to refuse return.

Parties
Applicant: D; Respondent: E
Jurisdiction
England and Wales
Judgment Date
06 March 2025
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Contested Hearing
Outcome
Application for return refused
Legal Topics
Hague Convention 1980, Article 13b Grave Risk Defence, Protective Measures, Summary Proceedings, Habitual Residence, Domestic Abuse, Mental Health and Parenting
Family Law International Child Abduction Hague Convention 1980 Article 13b Grave Risk Defence Protective Measures Summary Proceedings Habitual Residence Domestic Abuse +1 more

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Parties

D

Applicant

E

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother's removal of O from Spain was wrongful under the Hague Convention
  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 (Article 13b)
  3. 3 Whether protective measures in Spain would sufficiently ameliorate any risk

Ratio Decidendi

The mother's allegations of domestic abuse, corroborated by social services evidence, and her mental health vulnerabilities create a grave risk that O would be exposed to psychological harm or an intolerable situation if returned to Spain. Protective measures and undertakings offered cannot sufficiently ameliorate this risk, as the mother's stability and ability to care for O would be jeopardised by return. The Article 13b defence is made out and the court exercises its discretion to refuse return.

Court Disposition

Application for return refused