Z v D (Art 13 Refusal of Return Order)

Z v D (Art 13 Refusal of Return Order)

The court found that returning F to Brazil would expose her to a grave risk of physical and psychological harm or otherwise place her in an intolerable situation, as credible evidence established a high risk of abuse by the mother and exposure to domestic violence and drug use, and no sufficient protective measures were available. Additionally, F objected to return and was of sufficient maturity for her views to be considered. The court declined to exercise its discretion to order return under these circumstances.

Parties
Applicant: Z; Respondent: D
Jurisdiction
England and Wales
Judgment Date
14 July 2020
Procedural Posture
Child Abduction Summary Return Application Under the 1980 Hague Convention / Final Judgment
Outcome
Application dismissed; summary return order refused.
Legal Topics
Hague Convention 1980, Child Abduction and Custody Act 1985, Article 13(b) Grave Risk Exception, Child's Objections Exception, Protective Measures, Summary Return Orders
Family Law International Child Abduction Hague Convention 1980 Child Abduction and Custody Act 1985 Article 13(b) Grave Risk Exception Child's Objections Exception Protective Measures Summary Return Orders

Case Brief

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Parties

Z

Applicant

D

Respondent

Procedural Posture

Child Abduction Summary Return Application Under the 1980 Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether the grave risk exception under Article 13(b) of the 1980 Hague Convention is established
  2. 2 Whether the child's objections exception under Article 13 is established
  3. 3 Whether sufficient protective measures exist in Brazil to mitigate risk to the child

Ratio Decidendi

The court found that returning F to Brazil would expose her to a grave risk of physical and psychological harm or otherwise place her in an intolerable situation, as credible evidence established a high risk of abuse by the mother and exposure to domestic violence and drug use, and no sufficient protective measures were available. Additionally, F objected to return and was of sufficient maturity for her views to be considered. The court declined to exercise its discretion to order return under these circumstances.

Court Disposition

Application dismissed; summary return order refused.

Orders

  • Mother's application for summary return under the Child Abduction and Custody Act 1985 is dismissed.
  • No order for the return of F to Brazil.