SD v MM

SD v MM

The mother failed to establish that R would face a grave risk of psychological harm or intolerable situation upon return to Romania; evidence did not reach the threshold required under Art 13(b). Even if such risk existed, the mother has the means to place R in a private school, avoiding the alleged harm. Therefore, summary return is ordered for both children.

Parties
Applicant: Mr SD; Respondent: Ms MM
Jurisdiction
England and Wales
Judgment Date
17 October 2024
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Outcome
Summary return of both children to Romania ordered.
Legal Topics
International Child Abduction, Hague Convention, Summary Return, Parental Responsibility
Family Law International Law International Child Abduction Hague Convention Summary Return Parental Responsibility

Case Brief

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Parties

Mr SD

Applicant

Ms MM

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether the Art 13(b) exception to summary return under the 1980 Hague Convention is made out for R and S
  2. 2 Whether summary return would expose R to grave risk of psychological harm or intolerable situation
  3. 3 Whether sibling separation should prevent summary return of S

Ratio Decidendi

The mother failed to establish that R would face a grave risk of psychological harm or intolerable situation upon return to Romania; evidence did not reach the threshold required under Art 13(b). Even if such risk existed, the mother has the means to place R in a private school, avoiding the alleged harm. Therefore, summary return is ordered for both children.

Court Disposition

Summary return of both children to Romania ordered.

Orders

  • Children to return to Romania no later than end of August 2024.
  • Permission granted for documents to be made available to Romanian court.