S (A Child) (Abduction: Article 13(b)), Re

S (A Child) (Abduction: Article 13(b)), Re

The judge failed to properly apply the approach required by Re E by not considering whether, if the mother's allegations were true, there would be a grave risk of harm or intolerable situation for S. The judge did not assess the cumulative effect of the allegations, S's vulnerabilities, and the impact of separation from his mother and sibling. The protective measures offered were inadequate to address the risks. Therefore, Article 13(b) was established and the return order must be set aside.

Parties
Subject: S (A Child); Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
22 August 2025
Procedural Posture
Family Law Child Abduction / Appeal From High Court to Court of Appeal; Determination of Summary Return Order Under the 1980 Hague Convention
Outcome
Appeal allowed; father's application for summary return dismissed.
Legal Topics
Child Abduction, Hague Convention 1980, Article 13(b) Defence, Summary Return Orders, Protective Measures, Separation From Primary Carer, Domestic Abuse Allegations
Family Law International Law Child Abduction Hague Convention 1980 Article 13(b) Defence Summary Return Orders Protective Measures Separation From Primary Carer +1 more

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Parties

S (A Child)

Subject

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Child Abduction / Appeal From High Court to Court of Appeal; Determination of Summary Return Order Under the 1980 Hague Convention

Legal Issues

  1. 1 Whether the judge erred in ordering the summary return of S to Ireland under the 1980 Hague Convention
  2. 2 Whether the Article 13(b) defence (grave risk of harm/intolerable situation) was established
  3. 3 Whether the judge failed to consider the cumulative effect of the mother's allegations and S's vulnerabilities

Ratio Decidendi

The judge failed to properly apply the approach required by Re E by not considering whether, if the mother's allegations were true, there would be a grave risk of harm or intolerable situation for S. The judge did not assess the cumulative effect of the allegations, S's vulnerabilities, and the impact of separation from his mother and sibling. The protective measures offered were inadequate to address the risks. Therefore, Article 13(b) was established and the return order must be set aside.

Court Disposition

Appeal allowed; father's application for summary return dismissed.

Orders

  • The order for the summary return of S to Ireland is set aside.
  • The father's application for a summary return order under the 1980 Hague Convention is dismissed.