Re A (Article 13(b): Mental Ill-health)

Re A (Article 13(b): Mental Ill-health)

The mother established that a return of A to Australia would place him at grave risk of psychological harm or otherwise in an intolerable situation due to her severe mental ill-health, the cumulative effect of her anxieties, lack of support, and the inadequacy of proposed protective measures. The Article 13(b)...

Source-derived case information.

Parties
Applicant: M; Respondent: L
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Hague Convention Child Abduction / Final Judgment
Outcome
Application for summary return refused
Legal Topics
Hague Convention 1980, Article 13(b) Grave Risk Exception, Habitual Residence, Mental Health and Child Welfare, Protective Measures
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Habitual Residence Mental Health and Child Welfare Protective Measures

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Parties

M

Applicant

L

Respondent

Procedural Posture

Hague Convention Child Abduction / Final Judgment

Legal Issues

  1. 1 Whether the child A was habitually resident in Australia at the time of alleged wrongful retention
  2. 2 Whether the Article 13(b) grave risk exception to summary return is established due to domestic abuse and/or the mother's mental ill-health
  3. 3 Whether adequate protective measures exist to mitigate any grave risk to the child upon return

Ratio Decidendi

The mother established that a return of A to Australia would place him at grave risk of psychological harm or otherwise in an intolerable situation due to her severe mental ill-health, the cumulative effect of her anxieties, lack of support, and the inadequacy of proposed protective measures. The Article 13(b) exception is made out, and discretion is exercised to refuse return.

Court Disposition

Application for summary return refused

Orders

  • The father's application for summary return of A to Australia is refused.
  • No order for return under the 1980 Hague Convention is made.