RS v AM

RS v AM

The mother established a grave risk of physical and psychological harm to the child if returned to Poland, and no effective protective measures could be guaranteed. The child authentically objects to return and has attained sufficient maturity. The Article 13(b) exception is made out, and the application for summary return must be refused.

Parties
Applicant: RS; Respondent: AM
Jurisdiction
England and Wales
Judgment Date
09 February 2022
Procedural Posture
Child Abduction Summary Return Application Under Hague Convention 1980 / Final Hearing After Rehearing Following Successful Appeal
Outcome
Application for summary return refused.
Legal Topics
Hague Convention 1980, Article 13(b) Exception, Child's Objections, Protective Measures, Council Regulation 2201/2003 (biia)
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Exception Child's Objections Protective Measures Council Regulation 2201/2003 (biia)

Case Brief

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Parties

RS

Applicant

AM

Respondent

Procedural Posture

Child Abduction Summary Return Application Under Hague Convention 1980 / Final Hearing After Rehearing Following Successful Appeal

Legal Issues

  1. 1 Whether return of child to Poland would expose her to grave risk of physical or psychological harm or place her in an intolerable situation under Article 13(b)
  2. 2 Whether the child objects to return and has attained an age and maturity at which it is appropriate to take account of her views
  3. 3 Whether effective protective measures can be put in place in Poland

Ratio Decidendi

The mother established a grave risk of physical and psychological harm to the child if returned to Poland, and no effective protective measures could be guaranteed. The child authentically objects to return and has attained sufficient maturity. The Article 13(b) exception is made out, and the application for summary return must be refused.

Court Disposition

Application for summary return refused.

Orders

  • All necessary ancillary orders made, including dismissal of interlocutory injunctive orders.
  • Provision for translation of judgment into Polish for welfare proceedings.