MK v RP (Hague Child Abduction Convention)
The mother failed to prove clear and unequivocal consent by the father for the child's removal, and failed to establish grave risk or intolerable situation under Article 13(b); the child was wrongfully removed and must be returned forthwith.
Source-derived case information.
- Parties
- Applicant: MK; Respondent: RP
- Jurisdiction
- England and Wales
- Judgment Date
- 12 June 2018
- Procedural Posture
- Hague Child Abduction Convention Application / Judgment After Oral Hearing
- Outcome
- Application granted; child to be returned to Israel.
- Legal Topics
- Hague Convention, Child Custody, Parental Consent, Guardianship, Jurisdiction
Source-derived case record
Summary, issues, holding and outcome
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Parties
MK
Applicant
RP
Respondent
Procedural Posture
Hague Child Abduction Convention Application / Judgment After Oral Hearing
Legal Issues
- 1 Whether the father consented to the child's removal from Israel
- 2 Whether the return of the child would expose her to grave risk of psychological harm or place her in an intolerable situation
Ratio Decidendi
The mother failed to prove clear and unequivocal consent by the father for the child's removal, and failed to establish grave risk or intolerable situation under Article 13(b); the child was wrongfully removed and must be returned forthwith.
Court Disposition
Application granted; child to be returned to Israel.
Orders
- Child D to be returned to Israel forthwith.
- Father to provide undertakings: not to attend airport, not to support proceedings against mother, to pay maintenance, not to separate child from mother except for agreed contact, to pay reasonable flight for child.
Full Case Text
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