ZM v NM

ZM v NM

The mother failed to establish that the children would face a grave risk of harm or intolerable situation if returned to Croatia, and the evidence of the children's objections was weak and marginal. Adequate protective measures were offered by the father. The court exercised its discretion to order the return of the...

Source-derived case information.

Parties
Applicant: ZM; Respondent: NM
Jurisdiction
England and Wales
Judgment Date
21 February 2020
Procedural Posture
Child Abduction Summary Return Application / Judgment After Contested Hearing
Outcome
Application granted
Legal Topics
Child Abduction, Hague Convention, Habitual Residence, Parental Responsibility, Protective Measures
Family Law International Law Child Abduction Hague Convention Habitual Residence Parental Responsibility Protective Measures

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Summary, issues, holding and outcome

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Parties

ZM

Applicant

NM

Respondent

Procedural Posture

Child Abduction Summary Return Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the children should be summarily returned to Croatia under the Hague Convention
  2. 2 Whether the children object to return and have sufficient age and maturity for their objections to be considered
  3. 3 Whether there is a grave risk of harm or intolerable situation under Article 13(b) if returned to Croatia

Ratio Decidendi

The mother failed to establish that the children would face a grave risk of harm or intolerable situation if returned to Croatia, and the evidence of the children's objections was weak and marginal. Adequate protective measures were offered by the father. The court exercised its discretion to order the return of the children to Croatia under Article 12 of the Hague Convention.

Court Disposition

Application granted

Orders

  • The children are to be returned forthwith to Croatia in accordance with Article 12 of the Hague Convention.