H v B

H v B

Although the child was habitually resident in France at the time of removal, the evidence established that a return order would expose the child to grave psychological harm or an intolerable situation due to the mother's vulnerability to emotional dysregulation and depression, even with protective undertakings. The threshold for Article 13b was met, and the court declined to order the child's return.

Parties
Applicant: H; Respondent: B
Jurisdiction
England and Wales
Judgment Date
11 March 2022
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Contested Hearing
Outcome
Application dismissed
Legal Topics
Habitual Residence, Article 13b Exception, Psychological Harm, Protective Measures
Family Law International Child Abduction Habitual Residence Article 13b Exception Psychological Harm Protective Measures

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Parties

H

Applicant

B

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Was the child habitually resident in France at the time of removal?
  2. 2 Does Article 13b of the Hague Convention apply due to grave risk of harm or intolerable situation if returned to France?

Ratio Decidendi

Although the child was habitually resident in France at the time of removal, the evidence established that a return order would expose the child to grave psychological harm or an intolerable situation due to the mother's vulnerability to emotional dysregulation and depression, even with protective undertakings. The threshold for Article 13b was met, and the court declined to order the child's return.

Court Disposition

Application dismissed

Orders

  • Father's application for return of the child to France is dismissed