JP v TP

JP v TP

Neither the Article 13(b) defence nor the child's objections defence were established; the evidence did not demonstrate a grave risk of harm or intolerable situation, and the child's views amounted to a preference, not an objection. Protective measures and undertakings offered by the applicant, together with available support services in New Zealand, were sufficient to mitigate any risk.

Parties
Applicant: JP; Respondent: TP
Jurisdiction
England and Wales
Judgment Date
11 April 2019
Procedural Posture
Hague Child Abduction Convention Application / Final Judgment
Outcome
Order for return of the child to New Zealand forthwith under Article 12 of the Hague Convention.
Legal Topics
Child Abduction, Child Custody, Protective Measures, Article 13(b) Defence, Child's Objections Defence
Family Law International Law Child Abduction Child Custody Protective Measures Article 13(b) Defence Child's Objections Defence

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Parties

JP

Applicant

TP

Respondent

Procedural Posture

Hague Child Abduction Convention Application / Final Judgment

Legal Issues

  1. 1 Whether the child objects to return to New Zealand and has attained sufficient maturity
  2. 2 Whether return would expose the child to grave risk of harm or intolerable situation under Article 13(b)
  3. 3 Adequacy of protective measures and undertakings

Ratio Decidendi

Neither the Article 13(b) defence nor the child's objections defence were established; the evidence did not demonstrate a grave risk of harm or intolerable situation, and the child's views amounted to a preference, not an objection. Protective measures and undertakings offered by the applicant, together with available support services in New Zealand, were sufficient to mitigate any risk.

Court Disposition

Order for return of the child to New Zealand forthwith under Article 12 of the Hague Convention.

Orders

  • The child D is to be returned to New Zealand forthwith.
  • The applicant mother is to provide undertakings: to make available the CAFCASS report to New Zealand authorities, to prevent contact between D and her partner, and to refrain from consuming alcohol pending statutory assessments.