Family Law Hub

MB v TB (Art 13 Alleged Risk of Oppressive Litigation) [2019] EWHC 1019 (Fam)

The father sought an order for the summary return of the daughter to Israel. The mother claimed that this would subject the daughter to a grave risk of exposure to physical or psychological harm or otherwise place her in an intolerable situation. MacDonald J disagreed. Asked to consider previous findings involving the same father, he said that the court should be cautious about importing judicial observations made in the context of a different relationship and factual framework. He considered that the mother's actions constituted a premeditated and blatant act of child abduction, intended to circumvent the due process of the Israeli courts, and ordered the daughter's summary return in time for the new school term.


Published: 08/05/2019

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