J v K

J v K

The cumulative allegations of coercive and controlling behaviour by the father meet the Article 13(b) threshold for grave risk of psychological harm to Q. However, with specified protective measures in place—including financial support, accommodation, undertakings, and enforceable mirror orders—the risk can be sufficiently ameliorated to permit summary return.

Parties
Applicant: J; Respondent: K
Jurisdiction
England and Wales
Judgment Date
18 August 2025
Procedural Posture
Child Abduction Summary Return Application / Judgment
Outcome
Order for summary return of Q to Portugal with protective measures in place upon registration of mirror order in Portugal.
Legal Topics
Hague Convention 1980, Child Abduction and Custody Act 1985, Protective Measures, Coercive and Controlling Behaviour, Domestic Abuse, Article 13(b) Defence
Family Law International Child Abduction Hague Convention 1980 Child Abduction and Custody Act 1985 Protective Measures Coercive and Controlling Behaviour Domestic Abuse Article 13(b) Defence

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Parties

J

Applicant

K

Respondent

Procedural Posture

Child Abduction Summary Return Application / Judgment

Legal Issues

  1. 1 Whether the threshold for Article 13(b) of the 1980 Hague Convention is met for grave risk of harm or intolerable situation
  2. 2 Whether protective measures can sufficiently ameliorate risk to allow summary return of the child

Ratio Decidendi

The cumulative allegations of coercive and controlling behaviour by the father meet the Article 13(b) threshold for grave risk of psychological harm to Q. However, with specified protective measures in place—including financial support, accommodation, undertakings, and enforceable mirror orders—the risk can be sufficiently ameliorated to permit summary return.

Court Disposition

Order for summary return of Q to Portugal with protective measures in place upon registration of mirror order in Portugal.

Orders

  • Q to be returned to Portugal forthwith upon registration of the order in Portugal.
  • Protective measures to include €2,000 per month for rent, €1,500 per month for maintenance, provision of car, private health insurance, mobile phone contract, undertakings not to pursue criminal proceedings, not to attend at mother's address or airport, not to remove Q from mother's care, not to intimidate or...