T (A Child : Hague Convention proceedings)

T (A Child : Hague Convention proceedings)

The court found that T was settled in the UK for purposes of Article 12, with sufficient physical, emotional, and psychological stability, despite deficiencies caused by the mother’s conduct. The court exercised discretion against summary return, finding that return would expose T to grave risk of emotional or psychological harm and intolerable disruption, given past serious crime, threats, and integration in the UK.

Parties
Applicant: RA; Respondent: RQ; Child: T
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Hague Convention Child Abduction / Final Hearing
Outcome
Application for summary return refused
Legal Topics
Hague Convention, Child Settlement, Summary Return, Grave Risk Exception, Child Welfare
Family Law International Child Abduction Hague Convention Child Settlement Summary Return Grave Risk Exception Child Welfare

Case Brief

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Parties

RA

Applicant

RQ

Respondent

T

Child

Procedural Posture

Hague Convention Child Abduction / Final Hearing

Legal Issues

  1. 1 Whether the child T is settled in the UK for purposes of Article 12 of the Hague Convention
  2. 2 Whether summary return to El Salvador should be ordered
  3. 3 Whether there is a grave risk of harm or intolerable situation under Article 13(b)

Ratio Decidendi

The court found that T was settled in the UK for purposes of Article 12, with sufficient physical, emotional, and psychological stability, despite deficiencies caused by the mother’s conduct. The court exercised discretion against summary return, finding that return would expose T to grave risk of emotional or psychological harm and intolerable disruption, given past serious crime, threats, and integration in the UK.

Court Disposition

Application for summary return refused

Orders

  • No summary return order for T to El Salvador
  • Counsel to collaborate on suitable contact order for T