T v L (1980 Hague Abduction Convention: Article 13b: Evaluating Evidence of Risk)

T v L (1980 Hague Abduction Convention: Article 13b: Evaluating Evidence of Risk)

The allegations of grave risk of sexual abuse, while serious, are weakly evidenced and undermined by the father's own conduct and inconsistencies. The risk cannot be confidently discounted but is modest. A package of undertakings and protective measures, including the mother living with her mother and not the maternal grandfather, and undertakings lodged with the Israeli court, is sufficient to reduce the risk below the Article 13(b) threshold. Therefore, the Article 13(b) exception is not established and the children must be returned to Israel.

Parties
Applicant: T; Respondent: L
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Hague Convention Child Abduction / Final Judgment
Outcome
Application for summary return granted; Article 13(b) exception not established.
Legal Topics
Child Abduction, Hague Convention 1980, Article 13(b) Grave Risk Exception, Protective Measures
Family Law International Law Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Protective Measures

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Parties

T

Applicant

L

Respondent

Procedural Posture

Hague Convention Child Abduction / Final Judgment

Legal Issues

  1. 1 Whether the return of the children to Israel would expose them to a grave risk of physical or psychological harm or otherwise place them in an intolerable situation under Article 13(b) of the 1980 Hague Convention
  2. 2 Whether protective measures can sufficiently ameliorate any identified risk

Ratio Decidendi

The allegations of grave risk of sexual abuse, while serious, are weakly evidenced and undermined by the father's own conduct and inconsistencies. The risk cannot be confidently discounted but is modest. A package of undertakings and protective measures, including the mother living with her mother and not the maternal grandfather, and undertakings lodged with the Israeli court, is sufficient to reduce the risk below the Article 13(b) threshold. Therefore, the Article 13(b) exception is not established and the children must be returned to Israel.

Court Disposition

Application for summary return granted; Article 13(b) exception not established.

Orders

  • Children to be returned to Israel not before 28 April 2023.
  • Mother to provide undertakings to live with her mother and not the maternal grandfather or uncles.