Re CC (a child: Article 13(b), Hague Convention 1980)

Re CC (a child: Article 13(b), Hague Convention 1980)

The mother failed to prove on a balance of probabilities that returning CC to South Africa would expose him to a grave risk of physical or psychological harm or place him in an intolerable situation. The expert psychiatric evidence indicated only a mild to moderate risk to the mother's mental health, manageable by local treatment. The undertakings and protective measures offered by the father were sufficient to mitigate any risks. The threshold for Article 13(b) was not met. The Convention's policy of prompt return prevails.

Parties
Applicant: QR; Respondent: ST
Jurisdiction
England and Wales
Judgment Date
08 February 2022
Procedural Posture
Child Abduction (hague Convention 1980) / Final Judgment
Outcome
Application for summary return granted; Article 13(b) defence dismissed.
Legal Topics
Child Abduction, Hague Convention 1980, Article 13(b) Exception, Custody Rights, Protective Measures
Family Law International Law Child Abduction Hague Convention 1980 Article 13(b) Exception Custody Rights Protective Measures

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Parties

QR

Applicant

ST

Respondent

Procedural Posture

Child Abduction (hague Convention 1980) / Final Judgment

Legal Issues

  1. 1 Whether the child CC should be summarily returned to South Africa under the Hague Convention 1980
  2. 2 Whether Article 13(b) exception (grave risk of harm or intolerable situation) is established

Ratio Decidendi

The mother failed to prove on a balance of probabilities that returning CC to South Africa would expose him to a grave risk of physical or psychological harm or place him in an intolerable situation. The expert psychiatric evidence indicated only a mild to moderate risk to the mother's mental health, manageable by local treatment. The undertakings and protective measures offered by the father were sufficient to mitigate any risks. The threshold for Article 13(b) was not met. The Convention's policy of prompt return prevails.

Court Disposition

Application for summary return granted; Article 13(b) defence dismissed.

Orders

  • CC to be returned forthwith to South Africa under the Hague Convention 1980.
  • Counsel to agree an order reflecting the terms of the judgment.