F v M

F v M

The father failed to provide adequate protective measures, particularly suitable accommodation and financial support, for L and the mother on return to Belgium. Given the mother's vulnerable situation and lack of support, L would face a grave risk of being placed in an intolerable situation. The Article 13(b) exception is made out, and the court exercises its discretion to set aside the return order and dismiss the father's application.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
27 January 2023
Procedural Posture
International Child Abduction (hague Convention) / Post Final Hearing, Application to Set Aside Return Order
Outcome
Father's application for summary return of L to Belgium dismissed; return order set aside.
Legal Topics
Child Abduction, Protective Measures, Article 13(b) Hague Convention, Summary Return, Discretion to Return, Setting Aside Orders
Family Law International Law Child Abduction Protective Measures Article 13(b) Hague Convention Summary Return Discretion to Return Setting Aside Orders

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Parties

F

Applicant

M

Respondent

Procedural Posture

International Child Abduction (hague Convention) / Post Final Hearing, Application to Set Aside Return Order

Legal Issues

  1. 1 Whether the father has provided adequate protective measures for L and the mother on return to Belgium
  2. 2 Whether the Article 13(b) exception to summary return is made out
  3. 3 Whether the court should exercise discretion to set aside the return order

Ratio Decidendi

The father failed to provide adequate protective measures, particularly suitable accommodation and financial support, for L and the mother on return to Belgium. Given the mother's vulnerable situation and lack of support, L would face a grave risk of being placed in an intolerable situation. The Article 13(b) exception is made out, and the court exercises its discretion to set aside the return order and dismiss the father's application.

Court Disposition

Father's application for summary return of L to Belgium dismissed; return order set aside.

Orders

  • Return order made on 21 December 2022 is discharged and set aside.
  • Father's application for summary return is dismissed.