BN (A Child)(Abduction: Art 13(b)), Re

BN (A Child)(Abduction: Art 13(b)), Re

The court found that the mother and child were subjected to serious and sustained domestic abuse by the applicant, corroborated by video evidence. The mother suffers from complex PTSD as a result, and a return to Connecticut would cause a severe deterioration in her mental health, directly impacting her ability to parent and placing the child at grave risk of psychological harm or intolerable situation. The protective measures offered by the applicant were insufficient to ameliorate these risks, particularly given the mother’s mental health and lack of support network in the USA. No protective measures could sufficiently address the grave risk identified. Accordingly, the Article 13(b)...

Parties
Applicant: EN; Respondent: SN
Jurisdiction
England and Wales
Judgment Date
14 May 2026
Procedural Posture
Child Abduction Under the 1980 Hague Convention / Final Judgment
Outcome
Application for summary return dismissed
Legal Topics
Child Abduction, Hague Convention, Protective Measures, PTSD and Parenting, Domestic Abuse
Family Law International Law Child Abduction Hague Convention Protective Measures PTSD and Parenting Domestic Abuse

Case Brief

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Parties

EN

Applicant

SN

Respondent

Procedural Posture

Child Abduction Under the 1980 Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the return of the child to Connecticut would expose the child to a grave risk of physical or psychological harm or otherwise place the child in an intolerable situation under Article 13(b) of the 1980 Hague Convention
  2. 2 Whether protective measures offered by the applicant are sufficient to ameliorate the identified risks

Ratio Decidendi

The court found that the mother and child were subjected to serious and sustained domestic abuse by the applicant, corroborated by video evidence. The mother suffers from complex PTSD as a result, and a return to Connecticut would cause a severe deterioration in her mental health, directly impacting her ability to parent and placing the child at grave risk of psychological harm or intolerable situation. The protective measures offered by the applicant were insufficient to ameliorate these risks, particularly given the mother’s mental health and lack of support network in the USA. No protective measures could sufficiently address the grave risk identified. Accordingly, the Article 13(b)...

Court Disposition

Application for summary return dismissed

Orders

  • The application for the summary return of the child to Connecticut is refused.
  • No order for return under the 1980 Hague Convention is made.