YP v XP

YP v XP

The mother failed to discharge the burden of proof for the Article 13b defence. The French courts have already determined the welfare issues, including allegations of abuse, and the English court should not review those findings. The risk of harm or intolerable situation on return is not established. The child must be returned to France.

Parties
Applicant: YP; Respondent: XP
Jurisdiction
England and Wales
Judgment Date
22 March 2022
Procedural Posture
Hague Convention Child Abduction Application / Judgment After Contested Hearing
Outcome
Return order granted
Legal Topics
Child Abduction, Hague Convention, Custody, Habitual Residence, Summary Return, Article 13b Defence
Family Law International Law Child Abduction Hague Convention Custody Habitual Residence Summary Return Article 13b Defence

Case Brief

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Parties

YP

Applicant

XP

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the child should be summarily returned to France under the Hague Convention
  2. 2 Whether Article 13b defence (grave risk of harm or intolerable situation) is established
  3. 3 Whether the child's objections to return should be considered

Ratio Decidendi

The mother failed to discharge the burden of proof for the Article 13b defence. The French courts have already determined the welfare issues, including allegations of abuse, and the English court should not review those findings. The risk of harm or intolerable situation on return is not established. The child must be returned to France.

Court Disposition

Return order granted

Orders

  • The child is to be returned to France by 23:59 on 29th March 2022.
  • The mother must indicate by 25th March 2022 whether she will accompany the child.