A (Child Abduction: Article 13b)

A (Child Abduction: Article 13b)

The appeal was allowed solely on the basis of fresh evidence showing a marked deterioration in the mother's mental health, which could not have been considered by the judge below. The original order for summary return could not stand in light of this evidence, and the matter was remitted for rehearing. The judge's...

Source-derived case information.

Parties
Appellant: J's Mother; Respondent: J's Father
Jurisdiction
England and Wales
Judgment Date
09 March 2021
Procedural Posture
Child Abduction Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
appeal allowed
Legal Topics
Child Abduction, Hague Convention, Summary Return, Domestic Violence, Mental Health, Protective Measures
Family Law International Law Child Abduction Hague Convention Summary Return Domestic Violence Mental Health Protective Measures

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Parties

J's Mother

Appellant

J's Father

Respondent

Procedural Posture

Child Abduction Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Article 13(b) exception to summary return under the Hague Convention is established due to risk to the child arising from the mother's mental health and allegations of domestic abuse
  2. 2 Whether the High Court judge erred in evaluating the risk to the child and the adequacy of protective measures in the USA

Ratio Decidendi

The appeal was allowed solely on the basis of fresh evidence showing a marked deterioration in the mother's mental health, which could not have been considered by the judge below. The original order for summary return could not stand in light of this evidence, and the matter was remitted for rehearing. The judge's original decision was within the range of reasonable conclusions on the evidence then available.

Court Disposition

appeal allowed

Orders

  • Return order set aside
  • Matter remitted to High Court judge for expedited rehearing with updated evidence