A (Children) (Retention: Article 13 (b): Return to Israel), Re

A (Children) (Retention: Article 13 (b): Return to Israel), Re

The retention of the children in England after 6 July 2023 was wrongful under Article 3 of the Hague Convention as there was a fixed agreed return date and the children remained habitually resident in Israel. The Article 13(b) exception was not established; even taking the mother's allegations at their highest, the protective measures and undertakings offered by the father, including financial support, separate accommodation, and enforceable mirror orders in Israel, were sufficient to ameliorate any risk. The court ordered the summary return of the children to Israel, subject to the implementation of the protective measures.

Parties
Applicant: GL; Respondent: HL
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Child Abduction (hague Convention) / Final Judgment After Contested Hearing
Outcome
Application for summary return granted
Legal Topics
Child Abduction, Hague Convention 1980, Habitual Residence, Summary Return, Protective Measures, Article 13(b) Exception
Family Law International Law Child Abduction Hague Convention 1980 Habitual Residence Summary Return Protective Measures Article 13(b) Exception

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Parties

GL

Applicant

HL

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the retention of the children in England was wrongful under Articles 3 and 4 of the Hague Convention
  2. 2 Whether the children were habitually resident in Israel at the relevant date
  3. 3 Whether the Article 13(b) exception (grave risk of harm/intolerable situation) is established

Ratio Decidendi

The retention of the children in England after 6 July 2023 was wrongful under Article 3 of the Hague Convention as there was a fixed agreed return date and the children remained habitually resident in Israel. The Article 13(b) exception was not established; even taking the mother's allegations at their highest, the protective measures and undertakings offered by the father, including financial support, separate accommodation, and enforceable mirror orders in Israel, were sufficient to ameliorate any risk. The court ordered the summary return of the children to Israel, subject to the implementation of the protective measures.

Court Disposition

Application for summary return granted

Orders

  • The three children are to be returned to Israel forthwith, subject to the implementation of protective measures and undertakings by the applicant father.
  • Protective measures include: payment of rent for suitable accommodation in Jerusalem (ILS9,000 per month for six months or until Israeli court order), global maintenance (ILS4,000 per month), health insurance (ILS288 per month), school fees (ILS1,635 per month), and no molestation/harassment undertakings.