G v D (Art 13b: Absence of Protective Measures)

G v D (Art 13b: Absence of Protective Measures)

The court found that ordering the return of the children to Belgium would place them in an intolerable situation under Article 13(b) due to the absence of clear protective measures, the Belgian authorities' refusal to support return, and the children’s current stable and secure placement in England. The exception under Article 13(b) was made out, and the court declined to exercise discretion to order return as it was not in the children’s best interests.

Parties
Applicant: G; First Respondent: D; Second and Third Respondents: E and N (by their Children’s Guardian); Fourth Respondent: Trafford Borough Council
Jurisdiction
England and Wales
Judgment Date
08 June 2020
Procedural Posture
Child Abduction and Custody Act 1985 Application / Judgment on Summary Return Order Under 1980 Hague Convention
Outcome
Application dismissed
Legal Topics
Hague Convention 1980, Article 13(b) Exception, Child Protection, Jurisdiction, Best Interests of the Child
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Exception Child Protection Jurisdiction Best Interests of the Child

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 11 Party arguments 2
Sign in to unlock

Parties

G

Applicant

D

First Respondent

E and N (by their Children’s Guardian)

Second and Third Respondents

Trafford Borough Council

Fourth Respondent

Procedural Posture

Child Abduction and Custody Act 1985 Application / Judgment on Summary Return Order Under 1980 Hague Convention

Legal Issues

  1. 1 Whether the exception under Article 13(b) of the 1980 Hague Convention is made out
  2. 2 Whether protective measures exist in Belgium for the children if returned
  3. 3 Whether a return order would place the children in an intolerable situation

Ratio Decidendi

The court found that ordering the return of the children to Belgium would place them in an intolerable situation under Article 13(b) due to the absence of clear protective measures, the Belgian authorities' refusal to support return, and the children’s current stable and secure placement in England. The exception under Article 13(b) was made out, and the court declined to exercise discretion to order return as it was not in the children’s best interests.

Court Disposition

Application dismissed

Orders

  • Father’s application under the Child Abduction and Custody Act 1985 dismissed
  • Stay on care proceedings lifted