GK v HX

GK v HX

The mother’s assertion that she will not return with F is unlikely to be sustained; protective measures in Australia are sufficient to mitigate any risk. There is not a grave risk of harm or intolerable situation for F either by separation from the mother or by return with her. The Article 13(b) defence is not made out.

Parties
Applicant: GK; Respondent: HX
Jurisdiction
England and Wales
Judgment Date
17 January 2025
Procedural Posture
Child Abduction and Custody Act 1985 Application / Final Hearing
Outcome
Application granted; summary return order issued.
Legal Topics
Hague Convention 1980, Article 13(b) Defence, Summary Return Order, Grave Risk of Harm, Protective Measures
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Defence Summary Return Order Grave Risk of Harm Protective Measures

Case Brief

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Parties

GK

Applicant

HX

Respondent

Procedural Posture

Child Abduction and Custody Act 1985 Application / Final Hearing

Legal Issues

  1. 1 Whether the return of F to Australia would expose him to grave risk of physical or psychological harm or place him in an intolerable situation under Article 13(b) of the Hague Convention
  2. 2 Likelihood of the mother returning to Australia with F
  3. 3 Effectiveness of protective measures in Australia

Ratio Decidendi

The mother’s assertion that she will not return with F is unlikely to be sustained; protective measures in Australia are sufficient to mitigate any risk. There is not a grave risk of harm or intolerable situation for F either by separation from the mother or by return with her. The Article 13(b) defence is not made out.

Court Disposition

Application granted; summary return order issued.

Orders

  • F must be returned to Australia by 11.59 pm GMT on Tuesday 10 December 2024.
  • If the mother refuses to return with F, she must hand F over to the father by Monday 8 December 2024 for the father to accompany F to Australia.