Family Law Hub

M v G (Hague Convention: Article 13(b) defence) [2020] EWHC 1450 (Fam)

The four-year-old son had come from Australia with the mother to visit her family in the United Kingdom, with the father's consent. They did not return, and so the father made a Hague Convention application. The parties agreed that the son had been habitually resident in Australia at the relevant time. The mother relied on the defence under Article 13(b). While Theis J did not doubt that if the mother returned with the son she was likely to suffer in the way described by the doctor consulted, given the chronic nature of her psychological difficulties, that did not, in her judgment, in the circumstances of this case, meet the threshold in Article 13(b). Theis J was satisfied that the protective measures agreed by the parties would be able to mitigate any harm. She ordered that the child be returned to Australia, on a date to be fixed.

Judgment, published: 26/10/2020

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Published: 26/10/2020

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