Family Law Hub

G v D (Art 13b: Absence of Protective Measures) [2020] EWHC 1476 (Fam)

The father applied under the Child Abduction and Custody Act 1985 for a summary return order pursuant to the provisions of the 1980 Hague Convention, in respect of two children, aged seven and four. The children were born in Belgium and had always lived there until being taken by both parents to Spain for six weeks, and then to England by the mother, in the company of a new acquaintance with multiple convictions. The move to Spain, it was suggested, had been to prevent the Belgian social care authorities from undertaking safeguarding interventions. However, the Belgian authorities informed the court that they would not be taking any active steps towards the return of the children to Belgium, and that in their view the children should be with the mother. The local authority had completed a parenting assessment of the mother which concluded that she was unable to care safely for the children. The father had been accused of domestic abuse, and though in England at the time had failed to attend assessment sessions due to drug use. The children were now in foster care, and in regular contact with the mother. MacDonald J found that the exception under Article 13(b) of the 1980 Convention was made out. There was no evidence before the court to confirm who would take custody of the children upon arrival in Belgium, what arrangements would be made for their care, or how contact with their mother would be facilitated. Ordering their return to Belgium would place them in an intolerable situation for the purposes of Article 13(b). The father's application was dismissed.


Published: 14/06/2020

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