H v O (Art 13(b) and Domestic Abuse)

H v O (Art 13(b) and Domestic Abuse)

The court found a grave risk that return to the Netherlands would expose the children to physical or psychological harm or place them in an intolerable situation due to serious domestic abuse, lack of effective protective measures, and uncertain immigration status; protective measures offered by the father were insufficient and unenforceable, and the exception under Article 13(b) was made out. The court exercised its discretion to refuse summary return.

Parties
Applicant: H; First Respondent: O; Second Respondent: D; Third Respondent: Y; Fourth Respondent: B; Intervenor: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
30 January 2025
Procedural Posture
Child Abduction and Custody / Judgment on Summary Return Application
Outcome
Application for summary return dismissed
Legal Topics
International Child Abduction, Domestic Abuse, Protective Measures, Children's Objections, Immigration Status, Hague Convention, FGM
Family Law International Law Child Protection Immigration Law International Child Abduction Domestic Abuse Protective Measures Children's Objections +3 more

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Parties

H

Applicant

O

First Respondent

D

Second Respondent

Y

Third Respondent

B

Fourth Respondent

The Secretary of State for the Home Department

Intervenor

Procedural Posture

Child Abduction and Custody / Judgment on Summary Return Application

Legal Issues

  1. 1 Whether return order under Article 12 of the 1980 Hague Convention should be made
  2. 2 Whether Article 13(b) grave risk exception applies
  3. 3 Whether children's objections under Article 13 are established

Ratio Decidendi

The court found a grave risk that return to the Netherlands would expose the children to physical or psychological harm or place them in an intolerable situation due to serious domestic abuse, lack of effective protective measures, and uncertain immigration status; protective measures offered by the father were insufficient and unenforceable, and the exception under Article 13(b) was made out. The court exercised its discretion to refuse summary return.

Court Disposition

Application for summary return dismissed

Orders

  • No return order made under Article 12 of the 1980 Hague Convention
  • Counsel invited to draw an order accordingly