D (children), Re

D (children), Re

The appeal was dismissed because the trial judge correctly found that the children would be exposed to a grave risk of physical and psychological harm if returned to Venezuela, based on the targeted violent attack on the mother, the expert evidence regarding the children's emotional state, and the lack of effective measures to mitigate the risk. The criticisms of the judge's evaluation of evidence and speculation about Venezuelan proceedings did not undermine the fundamental Article 13(b) finding.

Parties
Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
25 January 2006
Procedural Posture
Family Law Child Abduction Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed; permission to appeal granted but application refused.
Legal Topics
Hague Convention 1980 Article 13(b), Grave Risk of Harm, Return of Children, Discretion of the Court
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk of Harm Return of Children Discretion of the Court

Case Brief

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Parties

Father

Appellant

Mother

Respondent

Procedural Posture

Family Law Child Abduction Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the return of the children to Venezuela would expose them to a grave risk of physical or psychological harm under Article 13(b) of the Hague Convention
  2. 2 Whether the trial judge erred in her evaluation of the mother's evidence and the expert evidence
  3. 3 Whether the judge improperly speculated on the outcome of Venezuelan proceedings

Ratio Decidendi

The appeal was dismissed because the trial judge correctly found that the children would be exposed to a grave risk of physical and psychological harm if returned to Venezuela, based on the targeted violent attack on the mother, the expert evidence regarding the children's emotional state, and the lack of effective measures to mitigate the risk. The criticisms of the judge's evaluation of evidence and speculation about Venezuelan proceedings did not undermine the fundamental Article 13(b) finding.

Court Disposition

Appeal dismissed; permission to appeal granted but application refused.

Orders

  • Application for return of children to Venezuela refused.
  • Appeal dismissed.