EM v BK

EM v BK

The removal was wrongful under the Hague Convention. The Article 13(b) defence was not established as there was no grave risk of harm or intolerable situation. The objections of the children were found to be the result of alienation by the mother and were given little weight. The responsive order of the Italian Appeal Court was not obtained on a false basis or by unfair means and should be given effect. The children must be returned to Italy.

Parties
Applicant: EM; Respondent: BK
Jurisdiction
England and Wales
Judgment Date
22 January 2021
Procedural Posture
Hague Convention Child Abduction Application / Final Hearing and Judgment
Outcome
Application granted. Order for return of the children to Italy.
Legal Topics
Child Abduction, Hague Convention 1980, Child Custody, Recognition of Foreign Judgments, Children's Objections, Article 13(b) Defence
Family Law International Law Child Abduction Hague Convention 1980 Child Custody Recognition of Foreign Judgments Children's Objections Article 13(b) Defence

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 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

EM

Applicant

BK

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the removal of the children from Italy to England was wrongful under the Hague Convention
  2. 2 Whether the Article 13(b) defence (grave risk of harm or intolerable situation) is established
  3. 3 Whether the objections of the children to return are sufficient to exercise discretion against return

Ratio Decidendi

The removal was wrongful under the Hague Convention. The Article 13(b) defence was not established as there was no grave risk of harm or intolerable situation. The objections of the children were found to be the result of alienation by the mother and were given little weight. The responsive order of the Italian Appeal Court was not obtained on a false basis or by unfair means and should be given effect. The children must be returned to Italy.

Court Disposition

Application granted. Order for return of the children to Italy.

Orders

  • The children must be returned to Italy no later than Sunday, 14 February 2021.
  • The father to pay for the mother's one-way flight to Italy if she accompanies the children.