K v E

K v E

The father consented to the removal of the child to England, evidenced by his actions and communications; alternatively, the mother's severe mental health condition creates a grave risk to the child under Article 13(b) if returned to Germany, and protective measures are insufficient; therefore, the application for summary return is dismissed.

Parties
Applicant: K; Respondent: E
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Application dismissed
Legal Topics
Consent to Removal, Article 13(b) Grave Risk, Mental Health Impact, Protective Measures, Discretion Under Hague Convention
Family Law International Child Abduction Consent to Removal Article 13(b) Grave Risk Mental Health Impact Protective Measures Discretion Under Hague Convention

Case Brief

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Parties

K

Applicant

E

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the applicant consented to the removal of the child to England
  2. 2 Whether there is a grave risk to the child under Article 13(b) if returned to Germany
  3. 3 Whether protective measures can mitigate the risk

Ratio Decidendi

The father consented to the removal of the child to England, evidenced by his actions and communications; alternatively, the mother's severe mental health condition creates a grave risk to the child under Article 13(b) if returned to Germany, and protective measures are insufficient; therefore, the application for summary return is dismissed.

Court Disposition

Application dismissed

Orders

  • No return order is made for the child to Germany
  • Anonymity of the child and family members must be strictly preserved in any publication