CASE

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Case Name

KR v HH [2020] EWHC 834 (Fam)

INCADAT reference

HC/E/UKe 1460

Court

Country

UNITED KINGDOM - ENGLAND AND WALES

Name

High Court of Justice Family Division

Level

First Instance

Judge(s)

Mr David Rees QC

States involved

Requesting State

SPAIN

Requested State

UNITED KINGDOM - ENGLAND AND WALES

Decision

Date

31 March 2020

Status

Final

Grounds

-

Order

Return ordered

HC article(s) Considered

13(1)(b)

HC article(s) Relied Upon

-

Other provisions

-

Authorities | Cases referred to

BK v NK [2016] EWHC 2496 (Fam)

Published in

-

SYNOPSIS

Synopsis available in EN

One child wrongfully removed at age 12 – Joint parental responsibility, mother the primary carer of the child and the father had access rights – Child lived in Spain until February 2020  – Return ordered – Main issue: Article 13(1)(b), COVID-19 – the risk of physical harm presented by the pandemic – the risk of contracting COVID-19 during the return travel from the UK to Spain was not sufficient to amount to the “grave risk” of physical harm required by Art. 13(b).

SUMMARY

No summary available