M v A

M v A

The Mother did not discharge the burden of establishing a grave risk that return would expose the children to harm or an intolerable situation under Article 13(b), as the Father’s proposed protective measures (independent accommodation, maintenance, no contact, social services involvement, and court proceedings in Poland) would sufficiently ameliorate the risks. The child T’s objections did not meet the maturity threshold, and even if they did, discretion would be exercised in favour of return due to the effectiveness of protective measures and the policy of the Convention.

Parties
Applicant: M; Respondent: A
Jurisdiction
England and Wales
Judgment Date
16 December 2024
Procedural Posture
Family Law Child Abduction / Final Judgment
Outcome
Application for summary return granted
Legal Topics
Hague Convention 1980, Article 13(b) Grave Risk Exception, Child Objections, Protective Measures, Domestic Abuse, Mental Health Impact on Child Return
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Child Objections Protective Measures Domestic Abuse Mental Health Impact on Child Return

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Parties

M

Applicant

A

Respondent

Procedural Posture

Family Law Child Abduction / Final Judgment

Legal Issues

  1. 1 Whether the summary return of the children to Poland would expose them to a grave risk of physical or psychological harm or otherwise place them in an intolerable situation under Article 13(b) of the 1980 Hague Convention
  2. 2 Whether the child T objects to return to Poland and has attained an age and degree of maturity at which it is appropriate to take account of her views under Article 13

Ratio Decidendi

The Mother did not discharge the burden of establishing a grave risk that return would expose the children to harm or an intolerable situation under Article 13(b), as the Father’s proposed protective measures (independent accommodation, maintenance, no contact, social services involvement, and court proceedings in Poland) would sufficiently ameliorate the risks. The child T’s objections did not meet the maturity threshold, and even if they did, discretion would be exercised in favour of return due to the effectiveness of protective measures and the policy of the Convention.

Court Disposition

Application for summary return granted

Orders

  • The children are to be returned to Poland once the specified protective measures (independent accommodation, maintenance, no contact with Father, social services involvement, and commencement of proceedings in Poland) are in place.
  • The parties are to agree the terms of the order; if not agreed, brief submissions on disputed points to be filed.