DM v KM

DM v KM

The court found that returning the children to the USA would expose them to a grave risk of emotional harm and place them in an intolerable situation due to the history of domestic abuse, the father's PTSD, lack of secure accommodation, financial vulnerability, and the absence of sufficient protective measures. The...

Source-derived case information.

Parties
Applicant: DM; Respondent: KM
Jurisdiction
England and Wales
Judgment Date
20 May 2016
Procedural Posture
Child Abduction / Summary Return Under Hague Convention / Judgment After Contested Hearing on Article 13(b) Defence
Outcome
Application for summary return refused
Legal Topics
Hague Convention 1980, Child Arrangements, Article 13(b) Grave Risk of Harm, Protective Measures, Domestic Abuse, Habitual Residence
Family Law International Child Abduction Hague Convention 1980 Child Arrangements Article 13(b) Grave Risk of Harm Protective Measures Domestic Abuse Habitual Residence

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Parties

DM

Applicant

KM

Respondent

Procedural Posture

Child Abduction / Summary Return Under Hague Convention / Judgment After Contested Hearing on Article 13(b) Defence

Legal Issues

  1. 1 Whether the children should be summarily returned to the USA under the Hague Convention 1980 given allegations of grave risk of harm under Article 13(b)
  2. 2 Whether sufficient protective measures exist to mitigate any grave risk of harm if the children are returned

Ratio Decidendi

The court found that returning the children to the USA would expose them to a grave risk of emotional harm and place them in an intolerable situation due to the history of domestic abuse, the father's PTSD, lack of secure accommodation, financial vulnerability, and the absence of sufficient protective measures. The Article 13(b) exception was established and the summary return was refused.

Court Disposition

Application for summary return refused

Orders

  • Children not to be returned to the USA under the Hague Convention
  • No order for summary return; children to remain in the UK