Re Y (A Child) (Abduction: Romania: Art. 13(b))

Re Y (A Child) (Abduction: Romania: Art. 13(b))

Mother's allegations of domestic violence cannot be confidently discounted as lacking credibility, but direct risk to Y is not substantiated. Protective measures and undertakings offered by the father are sufficient to ameliorate any risk to Y upon return to Romania. Article 13(b) defence not made out; return of Y is ordered.

Parties
Applicant: L; Respondent: P
Jurisdiction
England and Wales
Judgment Date
14 February 2023
Procedural Posture
Child Abduction (hague Convention) / Final Hearing
Outcome
Application granted; order for return of Y to Romania.
Legal Topics
Child Abduction, Hague Convention, Article 13(b), Protective Measures, Domestic Violence
Family Law International Law Child Abduction Hague Convention Article 13(b) Protective Measures Domestic Violence

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Parties

L

Applicant

P

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Hearing

Legal Issues

  1. 1 Whether return of Y to Romania would expose him to grave risk of physical or psychological harm or place him in an intolerable situation under Article 13(b) of the Hague Convention
  2. 2 Adequacy of protective measures offered by the father

Ratio Decidendi

Mother's allegations of domestic violence cannot be confidently discounted as lacking credibility, but direct risk to Y is not substantiated. Protective measures and undertakings offered by the father are sufficient to ameliorate any risk to Y upon return to Romania. Article 13(b) defence not made out; return of Y is ordered.

Court Disposition

Application granted; order for return of Y to Romania.

Orders

  • Mother not obliged to take steps until 4 pm on 24 February 2023.
  • If permission to remain in UK is granted by Romanian court by 24 February, order may be stayed and application for variation/discharge to be made.