K v M

K v M

AB was habitually resident in the USA at the time of retention; the father did not consent to or acquiesce in the retention; returning AB without his mother would place him in an intolerable situation, but return with his mother and protective undertakings does not meet the Article 13(b) threshold.

Parties
Applicant: K; Respondent: M
Jurisdiction
England and Wales
Judgment Date
29 November 2024
Procedural Posture
Family / Judgment
Outcome
Conditional return order granted
Legal Topics
Hague Convention, Habitual Residence, Consent and Acquiescence, Grave Risk of Harm, Intolerable Situation
Family Law International Child Abduction Hague Convention Habitual Residence Consent and Acquiescence Grave Risk of Harm Intolerable Situation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

K

Applicant

M

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether AB was habitually resident in the UK at the date of retention
  2. 2 Whether the father consented to or acquiesced in the retention
  3. 3 Whether AB would be at grave risk of harm or placed in an intolerable situation if returned

Ratio Decidendi

AB was habitually resident in the USA at the time of retention; the father did not consent to or acquiesce in the retention; returning AB without his mother would place him in an intolerable situation, but return with his mother and protective undertakings does not meet the Article 13(b) threshold.

Court Disposition

Conditional return order granted

Orders

  • AB is to be returned to the USA provided the mother is granted entry into the USA.
  • The father must give undertakings to pay $800 per month to the mother pending the first inter-partes hearing in any custody proceedings and secure accommodation prior to departure.