Family Law Hub

CH v GLS [2019] EWHC 3842 (Fam)

A father's application under the Hague Convention and Brussels II Revised for the summary return of his four-year-old daughter to Spain. The mother argued that the father had acquiesced to the removal and that the child would be at grave risk upon returning, due to the alleged domestic violence which had precipated the move to England. The parents were both British citizens who had moved to Spain as children. To Lieven J it seemed obvious from the father's texts that he fully understood that it was the mother's intention to stay in England with the child, and at no stage did he suggest he was seeking for the daughter to live permanently in Spain. This was a case such as those described in Re H (Abduction: Acquiescence) [1997] 1 FLR 872, where "the wronged parent, knowing of his rights, has so conducted himself vis-à-vis the other parent and the children that he cannot be heard to go back on what he has done and seek to persuade the judge that, all along, he has secretly intended to claim the summary return of the children". As to grave risk, Lieven J held that it would be totally irresponsible to return a young child in circumstances where there were very serious and credible allegations of domestic violence against the father, including that he assaulted the mother when she was pregnant. To do so would put the daughter in an intolerable situation and present a grave risk to her of significant psychological harm. The father's application was rejected.


Published: 09/03/2020

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