XK v JY

XK v JY

Although the mother established a grave risk of harm to ZK if returned to Slovakia due to allegations of domestic violence, the court found that the protective measures available in Slovakia, together with the undertakings offered by the father, were sufficient to mitigate that risk. Therefore, the Article 13(b)...

Source-derived case information.

Parties
Applicant: XK; Respondent: JY
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment After Contested Hearing
Outcome
Application for summary return granted
Legal Topics
International Child Abduction, Hague Convention 1980, Summary Return of Child, Article 13(b) Exception, Protective Measures, Habitual Residence
Family Law International Law International Child Abduction Hague Convention 1980 Summary Return of Child Article 13(b) Exception Protective Measures Habitual Residence

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Summary, issues, holding and outcome

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Parties

XK

Applicant

JY

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the removal of ZK from Slovakia to England was wrongful under the Hague Convention 1980
  2. 2 Whether the Article 13(b) exception (grave risk of harm or intolerable situation) is established
  3. 3 Whether sufficient protective measures exist in Slovakia to mitigate any grave risk to the child

Ratio Decidendi

Although the mother established a grave risk of harm to ZK if returned to Slovakia due to allegations of domestic violence, the court found that the protective measures available in Slovakia, together with the undertakings offered by the father, were sufficient to mitigate that risk. Therefore, the Article 13(b) exception was not made out and the summary return of ZK to Slovakia was ordered.

Court Disposition

Application for summary return granted

Orders

  • ZK to be returned to Slovakia forthwith with the mother accompanying him
  • Father to provide undertakings including funding travel, not attending the airport, not supporting prosecution for wrongful removal, not removing ZK from the mother's care or school, vacating the former home or funding alternative accommodation, continuing financial support, and non-molestation undertakings