K v D

K v D

There was no clear and unequivocal consent by the grandmother to E remaining in England, and the mother failed to establish a grave risk of harm to E if returned to the Czech Republic; therefore, the child must be returned to the Czech Republic for the courts there to determine her future.

Parties
Applicant: K; Respondent: D
Jurisdiction
England and Wales
Judgment Date
26 September 2014
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Hearing of Application for Return of Child
Outcome
Application granted; order for return of child to Czech Republic.
Legal Topics
Child Abduction, Jurisdiction, Hague Convention, Custody, Habitual Residence
Family Law International Law Child Abduction Jurisdiction Hague Convention Custody Habitual Residence

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Parties

K

Applicant

D

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Hearing of Application for Return of Child

Legal Issues

  1. 1 Whether the child E was wrongfully retained in England by her mother in breach of the grandmother's custody rights under Czech law
  2. 2 Whether the grandmother consented to E remaining in England
  3. 3 Whether there is a grave risk of harm to E if returned to the Czech Republic under Article 13(b) of the Hague Convention

Ratio Decidendi

There was no clear and unequivocal consent by the grandmother to E remaining in England, and the mother failed to establish a grave risk of harm to E if returned to the Czech Republic; therefore, the child must be returned to the Czech Republic for the courts there to determine her future.

Court Disposition

Application granted; order for return of child to Czech Republic.

Orders

  • E is to be returned to the Czech Republic by 6pm on Monday, 13th October.
  • Grandmother's legal team to notify Metropolitan Police, Division of Social Affairs at Šumperk, and the Office for the International Legal Protection of Children at Brno of the decision, with letters expedited and translated into Czech.