ST v QR

ST v QR

The applicant (mother) failed to prove, on the balance of probabilities, that there had been a fundamental change of circumstances since the original summary return order. The evidence did not establish a genuine and irretrievable breakdown with her brother or a material worsening of her mental health beyond an adjustment disorder related to the litigation. The new evidence, including the referral for suspected breast cancer, did not materially alter the risk assessment. The Article 13(b) exception remained unproven. Therefore, the application to set aside the return order was dismissed.

Parties
Applicant: ST; Respondent: QR
Jurisdiction
England and Wales
Judgment Date
09 May 2022
Procedural Posture
Family/child Abduction (hague Convention) / Application to Set Aside Summary Return Order; Post Judgment Reconsideration
Outcome
Application to set aside judgment dismissed; original summary return order stands.
Legal Topics
Child Abduction, Hague Convention 1980, Summary Return, Set Aside Judgment, Article 13(b) Exception, Mental Health Evidence
Family Law International Law Child Abduction Hague Convention 1980 Summary Return Set Aside Judgment Article 13(b) Exception Mental Health Evidence

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Parties

ST

Applicant

QR

Respondent

Procedural Posture

Family/child Abduction (hague Convention) / Application to Set Aside Summary Return Order; Post Judgment Reconsideration

Legal Issues

  1. 1 Whether there has been a fundamental change of circumstances justifying setting aside the summary return order under the Hague Convention 1980
  2. 2 Whether the mother's mental health deterioration and loss of support in South Africa constitute such a change
  3. 3 Whether the Article 13(b) exception (grave risk of harm/intolerable situation) is now made out

Ratio Decidendi

The applicant (mother) failed to prove, on the balance of probabilities, that there had been a fundamental change of circumstances since the original summary return order. The evidence did not establish a genuine and irretrievable breakdown with her brother or a material worsening of her mental health beyond an adjustment disorder related to the litigation. The new evidence, including the referral for suspected breast cancer, did not materially alter the risk assessment. The Article 13(b) exception remained unproven. Therefore, the application to set aside the return order was dismissed.

Court Disposition

Application to set aside judgment dismissed; original summary return order stands.

Orders

  • Application to set aside the judgment of 8 February 2022 is dismissed.
  • The summary return order for the child to South Africa remains in full force and effect.