W v Z

W v Z

The children were habitually resident in the USA at the time of removal, as evidenced by their integration and stability in the USA with their mother as primary carer. The father failed to establish a grave risk of harm under Article 13(b), and even if such risk existed, the proposed protective measures were sufficient to ameliorate it. Therefore, the application for return under the 1980 Hague Convention was granted.

Parties
Applicant: W; Respondent: Z
Jurisdiction
England and Wales
Judgment Date
03 March 2023
Procedural Posture
Child Abduction and Custody (1980 Hague Convention) / Final Judgment on Application for Return of Children
Outcome
Application granted
Legal Topics
Habitual Residence, Article 13(b) Grave Risk Defence, Protective Measures, Parental Responsibility, Child Welfare
Family Law International Child Abduction Habitual Residence Article 13(b) Grave Risk Defence Protective Measures Parental Responsibility Child Welfare

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Parties

W

Applicant

Z

Respondent

Procedural Posture

Child Abduction and Custody (1980 Hague Convention) / Final Judgment on Application for Return of Children

Legal Issues

  1. 1 Were the children habitually resident in the USA at the time of their removal?
  2. 2 Does the Article 13(b) grave risk of harm defence apply to prevent return?
  3. 3 Are the protective measures proposed sufficient to ameliorate any risk?

Ratio Decidendi

The children were habitually resident in the USA at the time of removal, as evidenced by their integration and stability in the USA with their mother as primary carer. The father failed to establish a grave risk of harm under Article 13(b), and even if such risk existed, the proposed protective measures were sufficient to ameliorate it. Therefore, the application for return under the 1980 Hague Convention was granted.

Court Disposition

Application granted

Orders

  • Return of the children to the USA in the care of their mother under the 1980 Hague Convention
  • Parties to liaise and agree terms of the order