AB v BA
The children are not settled in the United Kingdom due to temporary accommodation, ongoing asylum proceedings, concealment, and lack of emotional stability. No valid Article 13 exceptions are established: the children's views do not amount to objections to return, and allegations of grave risk of harm from domestic abuse, separation, or practical circumstances are confidently discounted based on lack of credible evidence and recent Swedish welfare determinations. Protective measures in Sweden are sufficient. Mandatory return order under Article 12 applies.
Source excerpt
- Hague convention
- Child custody
- Habitual residence
- Summary return
- Article 12 settlement
- Article 13 exceptions