SK v BK

SK v BK

The mother failed to establish, on the balance of probabilities, that returning SL to Poland would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation. The Polish courts had already considered the welfare of SL, found the father to be a suitable carer, and...

Source-derived case information.

Parties
Applicant: SK; Respondent: BK
Jurisdiction
England and Wales
Judgment Date
17 March 2017
Procedural Posture
Child Abduction Summary Return Application / Judgment After Summary Hearing
Outcome
Application for summary return granted
Legal Topics
Hague Convention on the Civil Aspects of International Child Abduction, Child Abduction and Custody Act 1985, Council Regulation EC 2001/2003, Article 13(b) Grave Risk Defence, Parental Rights of Custody
Family Law International Child Abduction Hague Convention on the Civil Aspects of International Child Abduction Child Abduction and Custody Act 1985 Council Regulation EC 2001/2003 Article 13(b) Grave Risk Defence Parental Rights of Custody

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Parties

SK

Applicant

BK

Respondent

Procedural Posture

Child Abduction Summary Return Application / Judgment After Summary Hearing

Legal Issues

  1. 1 Whether the removal of SL from Poland to England was wrongful under the Hague Convention and relevant statutes
  2. 2 Whether the Article 13(b) grave risk defence is established to prevent the summary return of the child to Poland

Ratio Decidendi

The mother failed to establish, on the balance of probabilities, that returning SL to Poland would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation. The Polish courts had already considered the welfare of SL, found the father to be a suitable carer, and there was no credible evidence of the alleged abuse. The undertakings offered by the father and the existence of protective measures in Poland further mitigated any potential risk.

Court Disposition

Application for summary return granted

Orders

  • SL to be returned to Poland by the mother on the 18:45 flight from Stansted to Gdansk on Saturday, 18th March 2017
  • Father to pay the cost of SL’s flight; mother to pay her own flight