Re L (Article 13: Protective Measures) (No 1)

Re L (Article 13: Protective Measures) (No 1)

The mother failed to establish that the return of the child to Belgium would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation. The protective measures and undertakings offered by the father, including accommodation, financial support, and non-enforcement of Belgian court orders, were deemed sufficient to mitigate any risk. The Article 13(b) exception was not met, and a summary return order was granted subject to conditions.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Child Abduction and Custody / Final Judgment on Application for Summary Return Under the 1980 Hague Convention
Outcome
Application for summary return granted subject to conditions.
Legal Topics
International Child Abduction, Protective Measures, Article 13(b) Hague Convention, Summary Return, Habitual Residence
Family Law International Law International Child Abduction Protective Measures Article 13(b) Hague Convention Summary Return Habitual Residence

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Parties

F

Applicant

M

Respondent

Procedural Posture

Child Abduction and Custody / Final Judgment on Application for Summary Return Under the 1980 Hague Convention

Legal Issues

  1. 1 Whether the return of the child to Belgium would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation under Article 13(b) of the 1980 Hague Convention
  2. 2 Whether adequate protective measures can be put in place to mitigate any such risk
  3. 3 Whether the mother had the father's consent to remove the child from Belgium

Ratio Decidendi

The mother failed to establish that the return of the child to Belgium would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation. The protective measures and undertakings offered by the father, including accommodation, financial support, and non-enforcement of Belgian court orders, were deemed sufficient to mitigate any risk. The Article 13(b) exception was not met, and a summary return order was granted subject to conditions.

Court Disposition

Application for summary return granted subject to conditions.

Orders

  • Father to provide proof of adequate furnished accommodation for mother and child with deposit and three months’ rent paid.
  • Father to provide signed confirmation of commitment to protective measures and undertakings, to be registered or declared enforceable in Belgium.