T v S

T v S

The court found, on the balance of probabilities, that the father gave clear and unequivocal consent to the mother removing the child to England, and that consent remained operative at the time of removal. Additionally, the court found that returning the child to New Zealand would expose the child to a grave risk of harm and an intolerable situation due to the mother's mental health vulnerabilities, lack of support, and exposure to domestic abuse, and that the protective measures offered by the father were insufficient. Both Article 13(a) and 13(b) defences were established, and the court exercised its discretion to refuse the return order.

Parties
Applicant: T; Respondent: S
Jurisdiction
England and Wales
Judgment Date
03 June 2026
Procedural Posture
Hague Convention Child Abduction Summary Return Application / Judgment After Final Hearing
Outcome
Father's application for summary return dismissed.
Legal Topics
Hague Convention 1980, Summary Return of Child, Consent to Removal, Grave Risk of Harm, Protective Measures, Domestic Abuse, Mental Health and Parenting, Habitual Residence
Family Law International Child Abduction Hague Convention 1980 Summary Return of Child Consent to Removal Grave Risk of Harm Protective Measures Domestic Abuse +2 more

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Parties

T

Applicant

S

Respondent

Procedural Posture

Hague Convention Child Abduction Summary Return Application / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the father consented to the removal of the child from New Zealand to England under Article 13(a) of the Hague Convention
  2. 2 Whether returning the child to New Zealand would expose the child to a grave risk of harm or place the child in an intolerable situation under Article 13(b) of the Hague Convention
  3. 3 Effectiveness of protective measures offered by the father

Ratio Decidendi

The court found, on the balance of probabilities, that the father gave clear and unequivocal consent to the mother removing the child to England, and that consent remained operative at the time of removal. Additionally, the court found that returning the child to New Zealand would expose the child to a grave risk of harm and an intolerable situation due to the mother's mental health vulnerabilities, lack of support, and exposure to domestic abuse, and that the protective measures offered by the father were insufficient. Both Article 13(a) and 13(b) defences were established, and the court exercised its discretion to refuse the return order.

Court Disposition

Father's application for summary return dismissed.

Orders

  • Application for summary return of the child to New Zealand is refused.
  • No order for return under the Hague Convention.