PZ (A Child) (Hague Convention: Art 13(B)), Re

PZ (A Child) (Hague Convention: Art 13(B)), Re

The mother failed to establish that the return of the child to New Zealand would expose her to a grave risk of harm or intolerability under Article 13(b) of the Hague Convention. The court found that the protective measures offered by the father, including financial support, accommodation, healthcare, and enforceable undertakings, were sufficient to mitigate any risks identified. The evidence did not show that the mother's mental health would deteriorate to the point of creating a grave risk to the child, and the practical and legal arrangements in New Zealand were adequate for the interim period pending the New Zealand court's decision on relocation.

Parties
Applicant: HZ; Respondent: GA
Jurisdiction
England and Wales
Judgment Date
11 December 2024
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Application for return granted; Article 13(b) defence dismissed.
Legal Topics
International Child Abduction, Hague Convention 1980, Article 13(b) Grave Risk Exception, Child Custody, Protective Measures, Mental Health and Parenting, Immigration Status
Family Law International Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Child Custody Protective Measures Mental Health and Parenting +1 more

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Parties

HZ

Applicant

GA

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the Article 13(b) grave risk exception to return under the Hague Convention is established
  2. 2 Whether protective measures can sufficiently mitigate any risk to the child or mother upon return to New Zealand

Ratio Decidendi

The mother failed to establish that the return of the child to New Zealand would expose her to a grave risk of harm or intolerability under Article 13(b) of the Hague Convention. The court found that the protective measures offered by the father, including financial support, accommodation, healthcare, and enforceable undertakings, were sufficient to mitigate any risks identified. The evidence did not show that the mother's mental health would deteriorate to the point of creating a grave risk to the child, and the practical and legal arrangements in New Zealand were adequate for the interim period pending the New Zealand court's decision on relocation.

Court Disposition

Application for return granted; Article 13(b) defence dismissed.

Orders

  • The child PZ is to be returned to New Zealand by 23:59 on 21 April 2024 (New Zealand time).
  • The father is to pay a lump sum of $22,500 NZ to the mother (50% upon proof of ticket purchase, 50% within 7 days of arrival).