Z (A Child : Hague Convention application)

Z (A Child : Hague Convention application)

Z was habitually resident in England at the time of retention due to integration in a stable social and family environment, and the mother established grave risk under Article 13(b) as a return would likely cause deterioration in her mental health, creating an intolerable situation for Z.

Parties
Applicant: X; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
30 June 2020
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Habitual Residence, Acquiescence, Grave Risk Exception, Article 13 Hague Convention
Family Law International Child Abduction Habitual Residence Acquiescence Grave Risk Exception Article 13 Hague Convention

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Parties

X

Applicant

Y

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Was the child Z habitually resident in England at the time of retention?
  2. 2 Did the father acquiesce in Z's retention in England?
  3. 3 Would return place Z at grave risk of harm or in an intolerable situation under Article 13(b)?

Ratio Decidendi

Z was habitually resident in England at the time of retention due to integration in a stable social and family environment, and the mother established grave risk under Article 13(b) as a return would likely cause deterioration in her mental health, creating an intolerable situation for Z.

Court Disposition

Application dismissed

Orders

  • Z will not be ordered to return to Australia
  • Proceedings dismissed