TP (A Child), Re

TP (A Child), Re

The court found that returning T to France would expose him to a grave risk of psychological harm and intolerable situation due to credible evidence of the mother's long-term alcohol abuse and its impact on the children. The court also found that T's objections to return were authentic, strongly held, and rooted in his own experience, and that he had sufficient maturity for his views to be taken into account. The undertakings offered by the mother and the ongoing French proceedings did not provide adequate protection or alter the risk. The court exercised its discretion to refuse summary return under both Article 13b and Article 13(2) defences.

Parties
Applicant: NP; First Respondent: JP; Second Respondent (the Child): TP
Jurisdiction
England and Wales
Judgment Date
21 April 2015
Procedural Posture
Hague Child Abduction Convention Application / Judgment on Application for Summary Return of Child to France
Outcome
Application for summary return refused
Legal Topics
Child Abduction, Hague Convention 1980, Brussels II Revised, Summary Return, Child's Objections, Grave Risk of Harm
Family Law International Law Child Abduction Hague Convention 1980 Brussels II Revised Summary Return Child's Objections Grave Risk of Harm

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

NP

Applicant

JP

First Respondent

TP

Second Respondent (the Child)

Procedural Posture

Hague Child Abduction Convention Application / Judgment on Application for Summary Return of Child to France

Legal Issues

  1. 1 Whether the child should be summarily returned to France under the Hague Convention 1980
  2. 2 Whether Article 13b (grave risk of harm/intolerable situation) defence is established
  3. 3 Whether Article 13(2) (child's objections) defence is established and, if so, how discretion should be exercised

Ratio Decidendi

The court found that returning T to France would expose him to a grave risk of psychological harm and intolerable situation due to credible evidence of the mother's long-term alcohol abuse and its impact on the children. The court also found that T's objections to return were authentic, strongly held, and rooted in his own experience, and that he had sufficient maturity for his views to be taken into account. The undertakings offered by the mother and the ongoing French proceedings did not provide adequate protection or alter the risk. The court exercised its discretion to refuse summary return under both Article 13b and Article 13(2) defences.

Court Disposition

Application for summary return refused

Orders

  • The application for summary return of T to France is refused.
  • The father is required to engage with the French court process regarding T's welfare.