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Case Name
XK v JY [2023] EWHC 2996
INCADAT reference
HC/E/UKe 1699
Court
UNITED KINGDOM - ENGLAND AND WALES
High Court of Justice, Family Division
First Instance
Mrs Justice Morgan
States involved
SLOVAKIA
UNITED KINGDOM - ENGLAND AND WALES
Decision
23 November 2023
Final
Grave Risk - Art. 13(1)(b)
Return ordered
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In re E (Children) (Abduction Custody Appeal) [2011] UKSC 27; Re S (Abduction : Article 13 (b) Defence) [2012] UKSC 10; KG v JH/ Re IG [2021] EWCA Civ 1123; Re A (Children)(Abduction: Article 13b) [2021] EWCA Civ 939; PvO [2023]EWHC 2128; Re H (Children) (Child Abduction: Grave Risk) [2003] EWCA Civ 355; G v D (Art. 13 (b):Absence of Protective Measures) [2020] EWHC 1476 (Fam); F v M [2008] 2 FLR 1263
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SUMMARY
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Facts
The parents started their relationship in 2017 and had a child later that year (age 5 at the time of the hearing). The parents and child were all Slovakian nationals.
In March 2023 the Mother took the child to the UK without the knowledge or consent of the Father.
The Father filed an application under the 1980 Hague Abduction Convention for the return of the child to Slovakia.
The Mother argued that she had suffered abuse from the Father and relied upon the Article 13(1)(b) exception to return. The Father denied the allegations.
Ruling
Return ordered. Whilst the Mother established that there was a grave risk of harm to the child within the meaning of Article 13(1)(b), the protective measures available in Slovakia and the undertakings offered by the Father were more than sufficient to protect him.
Grounds
Grave Risk - Art. 13(1)(b)
The seriousness of the Mother’s allegations meant that, were the child to be returned to Slovakia, he would be placed at grave risk of psychological harm and put in a situation which would properly be characterised as intolerable.
However, the Court was satisfied that undertakings by the Father and the protective measures available in Slovakia would be adequate to protect the child in the mother’s care whilst decisions were made for him.