LS v AS

LS v AS

The children face a grave risk of serious harm, primarily emotional but also physical, if returned to Hungary due to entrenched domestic violence and ineffective protective measures. Their objections are rational, strongly held, and authentically expressed. The combination of grave risk and the children's wishes outweighs the principles of international comity and swift return under the Hague Convention.

Parties
Applicant: LS; Respondent: AS
Jurisdiction
England and Wales
Judgment Date
17 January 2014
Procedural Posture
Child Abduction (hague Convention) / Judgment on Application for Summary Return
Outcome
Application for summary return declined
Legal Topics
Child Abduction, Hague Convention, Summary Return, Grave Risk of Harm, Children's Objections, Domestic Violence
Family Law International Law Child Abduction Hague Convention Summary Return Grave Risk of Harm Children's Objections Domestic Violence

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Parties

LS

Applicant

AS

Respondent

Procedural Posture

Child Abduction (hague Convention) / Judgment on Application for Summary Return

Legal Issues

  1. 1 Whether the children should be summarily returned to Hungary under the Hague Convention
  2. 2 Whether Article 13(b) grave risk of harm exception applies
  3. 3 Whether the children's objections are rational, strong, and genuinely held

Ratio Decidendi

The children face a grave risk of serious harm, primarily emotional but also physical, if returned to Hungary due to entrenched domestic violence and ineffective protective measures. Their objections are rational, strongly held, and authentically expressed. The combination of grave risk and the children's wishes outweighs the principles of international comity and swift return under the Hague Convention.

Court Disposition

Application for summary return declined

Orders

  • Father's application for summary return of the children to Hungary is refused