Family Law Hub

AL v SM [2020] EWHC 2479 (Fam)

An application by the father for the summary return of the daughter to Slovakia. The mother resisted summary return on the grounds that the daughter was settled in the United Kingdom, that the father had acquiesced in her removal, that the defence of intolerability under Article 13(b) applied, and that the father had not exercised rights of custody (the latter ground being dropped in the course of the hearing). The parents had not been married to each other. The father had last seen the child in January 2017, when the mother broke all contact with him. She moved to the United Kingdom in September 2017, in order, she told the court, to escape the father's intimidation of her. The father took no action to re-establish contact between January 2017 and January 2019, when he contacted his Slovakian lawyer. Lieven J had no doubt that the child was settled in England and Wales within the terms of the law and the Hague Convention, and happy here. She would not exercise her discretion to return the daughter; it would not be in her interests to return. Contact was a matter that could be properly considered by the English courts.

Published: 24/09/2020


Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.


The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item