HC/E/UKe 1460
UNITED KINGDOM - ENGLAND AND WALES
High Court of Justice Family Division
First Instance
Mr David Rees QC
SPAIN
UNITED KINGDOM - ENGLAND AND WALES
31 March 2020
Final
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Return ordered
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BK v NK [2016] EWHC 2496 (Fam)
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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).