Re K & S (Article 13(b))

Re K & S (Article 13(b))

The mother did not establish that the children would face a grave risk of physical or psychological harm or be placed in an intolerable situation if returned to the USA, given the comprehensive protective measures offered by the father and available in the USA. The mother's psychological vulnerability and alleged abuse, even if accepted, would be sufficiently mitigated by these measures. The allegations of neglect were not substantiated to the required threshold. The application for summary return is granted.

Parties
Applicant: Mr A; Respondent: Ms R
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Hague Convention Child Abduction Application / Final Hearing and Judgment
Outcome
Application for summary return granted
Legal Topics
Hague Convention 1980, Article 13(b) Grave Risk Exception, Summary Return of Children, Protective Measures, Domestic Abuse, Psychological Harm, Habitual Residence
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Summary Return of Children Protective Measures Domestic Abuse Psychological Harm +1 more

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Parties

Mr A

Applicant

Ms R

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the children should be summarily returned to the USA under the 1980 Hague Convention
  2. 2 Whether Article 13(b) grave risk exception is established due to alleged domestic abuse, psychological harm, or neglect
  3. 3 Whether protective measures can sufficiently mitigate any grave risk

Ratio Decidendi

The mother did not establish that the children would face a grave risk of physical or psychological harm or be placed in an intolerable situation if returned to the USA, given the comprehensive protective measures offered by the father and available in the USA. The mother's psychological vulnerability and alleged abuse, even if accepted, would be sufficiently mitigated by these measures. The allegations of neglect were not substantiated to the required threshold. The application for summary return is granted.

Court Disposition

Application for summary return granted

Orders

  • Children to be returned to the USA within 21 days (by 11 August 2023)
  • Protective measures as set out in Annex A to be implemented by the father, including payment for flights, separate accommodation, financial support, medical insurance, and therapeutic support