HM v HA

HM v HA

The risk to the children if returned to Poland, even taking the father's allegations at their highest, does not meet the threshold of Article 13(b) as grave risk. The evidence does not establish that return would expose the children to physical or psychological harm or place them in an intolerable situation. The children will return to a familiar home, with support, and the issues raised are more appropriate for welfare proceedings in Poland.

Parties
Applicant: HM; Respondent: HA
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Hague Convention Child Abduction Application / Judgment on Summary Return Application
Outcome
Application granted; order for summary return of children to Poland.
Legal Topics
Child Abduction, Hague Convention 1980, Summary Return, Habitual Residence, Article 13(b) Grave Risk Exception
Family Law International Law Child Abduction Hague Convention 1980 Summary Return Habitual Residence Article 13(b) Grave Risk Exception

Case Brief

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Parties

HM

Applicant

HA

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment on Summary Return Application

Legal Issues

  1. 1 Whether the children were wrongfully retained in the UK under the Hague Convention
  2. 2 Whether there is a grave risk that return would expose the children to physical or psychological harm or place them in an intolerable situation under Article 13(b)

Ratio Decidendi

The risk to the children if returned to Poland, even taking the father's allegations at their highest, does not meet the threshold of Article 13(b) as grave risk. The evidence does not establish that return would expose the children to physical or psychological harm or place them in an intolerable situation. The children will return to a familiar home, with support, and the issues raised are more appropriate for welfare proceedings in Poland.

Court Disposition

Application granted; order for summary return of children to Poland.

Orders

  • The children shall return to Poland.
  • The date for return will be fixed in the absence of agreement between the parties.