Family Law Hub

ZM v NM [2020] EWHC 2413 (Fam)

An application by the father for the summary return of his two twin children to Croatia, pursuant to the provisions of the 1980 Hague Convention and Brussels IIa. The children were in England with their mother, living with her parents. The father had previously retained the children in Croatia without her consent, leading to the end of the couple's relationship, but the children had been found by the Croatian court to be habitually resident there. She accepted that the children had then been brought to England without the father's consent, but with reference to Article 13(b) claimed that the children were likely to suffer distress if required to return to Croatia without her. In the view of Mr David Lock QC, sitting as a deputy High Court judge, the evidence did not suggest that there was a grave risk of psychological distress sufficiently serious for Article 13(b) to apply. He made an order requiring the return of the children forthwith to Croatia.


Published: 25/09/2020

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