PT (A Child), Re

PT (A Child), Re

PT was habitually resident in Spain and wrongfully removed by the mother without the father's consent. The mother failed to establish any Article 13 defence, including grave risk of harm or consent/acquiescence. The undertakings offered by the father and the arrangements for PT's return are adequate to secure her protection. The Covid-19 pandemic does not amount to a grave risk justifying refusal of return.

Parties
Applicant: KR; Respondent: HH
Jurisdiction
England and Wales
Judgment Date
31 March 2020
Procedural Posture
Child Abduction Summary Return Application / Final Judgment After Remote Hearing
Outcome
Application granted; summary return ordered
Legal Topics
Hague Convention 1980, Brussels Iia Regulation, Summary Return of Child, Habitual Residence, Wrongful Removal, Article 13(b) Grave Risk Exception
Family Law International Child Abduction Hague Convention 1980 Brussels Iia Regulation Summary Return of Child Habitual Residence Wrongful Removal Article 13(b) Grave Risk Exception

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

KR

Applicant

HH

Respondent

Procedural Posture

Child Abduction Summary Return Application / Final Judgment After Remote Hearing

Legal Issues

  1. 1 Whether PT was wrongfully removed from Spain within the meaning of Article 3 of the Hague Convention
  2. 2 Whether any Article 13 defences (consent/acquiescence or grave risk of harm) are established to prevent summary return
  3. 3 Whether adequate arrangements exist to secure PT's protection on return under Article 11(4) Brussels IIa

Ratio Decidendi

PT was habitually resident in Spain and wrongfully removed by the mother without the father's consent. The mother failed to establish any Article 13 defence, including grave risk of harm or consent/acquiescence. The undertakings offered by the father and the arrangements for PT's return are adequate to secure her protection. The Covid-19 pandemic does not amount to a grave risk justifying refusal of return.

Court Disposition

Application granted; summary return ordered

Orders

  • PT to be surrendered by the mother to the father at 1pm on 29 March 2020
  • Father to implement PT's return to Spain as soon as reasonably practicable