M v F
The evidence does not establish that M consented or acquiesced to S living in London, nor does it meet the high threshold for grave risk of harm or intolerability under Article 13(b). S's habitual residence remains in Kyiv, Ukraine, where she is most integrated and her stability is best met. The summary return of S to Ukraine is ordered.
- Parties
- Applicant: M; Respondent: F
- Jurisdiction
- England and Wales
- Judgment Date
- 07 August 2024
- Procedural Posture
- Hague Convention Child Abduction Application / First Instance Judgment
- Outcome
- Application granted; summary return ordered
- Legal Topics
- Child Abduction, Hague Convention 1980, Habitual Residence, Summary Return, Grave Risk Exception, Consent and Acquiescence
Case Brief
Summary, issues, holding and outcome
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Parties
M
Applicant
F
Respondent
Procedural Posture
Hague Convention Child Abduction Application / First Instance Judgment
Legal Issues
- 1 Whether the child S is habitually resident in Ukraine or London
- 2 Whether the mother consented or acquiesced to S living in London
- 3 Whether there is a grave risk of harm or intolerability if S is returned to Ukraine under Article 13(b)
Ratio Decidendi
The evidence does not establish that M consented or acquiesced to S living in London, nor does it meet the high threshold for grave risk of harm or intolerability under Article 13(b). S's habitual residence remains in Kyiv, Ukraine, where she is most integrated and her stability is best met. The summary return of S to Ukraine is ordered.
Court Disposition
Application granted; summary return ordered
Orders
- S to be returned summarily to Ukraine to live with her mother, M
Full Case Text
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