KJC v GRC (Hague Convention)

KJC v GRC (Hague Convention)

The father did not acquiesce in the retention of the children in England; the Article 13(b) threshold of grave risk or intolerable situation is not met, provided the mother can accompany the children on return and protective measures are implemented. The mother's immigration status does not bar return, as she can...

Source-derived case information.

Parties
Applicant: KJC; Respondent: GRC
Jurisdiction
England and Wales
Judgment Date
31 October 2019
Procedural Posture
Child Abduction and Custody Act 1985 / Hague Convention 1980 Application / Judgment After Contested Hearing
Outcome
Return order granted; children to be returned to the United States by no later than 2 January 2020, subject to protective measures.
Legal Topics
Hague Convention 1980, Child Custody, Summary Return, Article 13(b) Defence, Acquiescence, Protective Measures, Immigration Status
Family Law International Child Abduction Hague Convention 1980 Child Custody Summary Return Article 13(b) Defence Acquiescence Protective Measures +1 more

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Parties

KJC

Applicant

GRC

Respondent

Procedural Posture

Child Abduction and Custody Act 1985 / Hague Convention 1980 Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the Hague Convention is engaged
  2. 2 Whether the applicant acquiesced in the retention of the children
  3. 3 Whether there is a grave risk that return would expose the children to harm or intolerable situation under Article 13(b)

Ratio Decidendi

The father did not acquiesce in the retention of the children in England; the Article 13(b) threshold of grave risk or intolerable situation is not met, provided the mother can accompany the children on return and protective measures are implemented. The mother's immigration status does not bar return, as she can enter the United States under ESTA within two months. Return is ordered with protective undertakings and a maximum delay of two months to regularise immigration.

Court Disposition

Return order granted; children to be returned to the United States by no later than 2 January 2020, subject to protective measures.

Orders

  • Return of children to the United States by 2 January 2020
  • Protective undertakings by applicant father including payment for flights, non-molestation, no drug use near children, financial support, and assistance with visa applications