T v E (Refusal to Order Return)

T v E (Refusal to Order Return)

The court found that the mother’s opposition to return was based on an objectively verifiable reality of significant verbal and physical domestic abuse by the father, corroborated by documentary evidence and admissions. The mother suffers from PTSD as a result, and her firmly held belief that return to Turkey would endanger her is genuine and would cause a significant deterioration in her mental health if compelled to return. L, a child with particular emotional and developmental needs, would be placed in an intolerable situation if returned with her mother. No protective measures could mitigate this risk. The defence under Art 13(b) was made out, and the court exercised its discretion...

Parties
Applicant: T; Respondent: E
Jurisdiction
England and Wales
Judgment Date
05 December 2016
Procedural Posture
Hague Convention Child Abduction Summary Return Application / Final Judgment
Outcome
Application for summary return dismissed
Legal Topics
Child Abduction, Hague Convention 1980, Summary Return, Domestic Violence, Habitual Residence, Defences to Return (art 13(b)), Acquiescence (art 13(a))
Family Law International Law Child Abduction Hague Convention 1980 Summary Return Domestic Violence Habitual Residence Defences to Return (art 13(b)) +1 more

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Parties

T

Applicant

E

Respondent

Procedural Posture

Hague Convention Child Abduction Summary Return Application / Final Judgment

Legal Issues

  1. 1 Whether the summary return of the child L to Turkey should be ordered under the Hague Convention 1980
  2. 2 Whether there is a grave risk that return would expose L to physical or psychological harm or place her in an intolerable situation (Art 13(b))
  3. 3 Whether the father acquiesced to L's removal from Turkey (Art 13(a))

Ratio Decidendi

The court found that the mother’s opposition to return was based on an objectively verifiable reality of significant verbal and physical domestic abuse by the father, corroborated by documentary evidence and admissions. The mother suffers from PTSD as a result, and her firmly held belief that return to Turkey would endanger her is genuine and would cause a significant deterioration in her mental health if compelled to return. L, a child with particular emotional and developmental needs, would be placed in an intolerable situation if returned with her mother. No protective measures could mitigate this risk. The defence under Art 13(b) was made out, and the court exercised its discretion...

Court Disposition

Application for summary return dismissed

Orders

  • The father's application for summary return of L to Turkey is dismissed.
  • No order for the return of L to Turkey is made.