Our Principal Solicitor Natalie Friday, assisted by trainee solicitor Flavia Cretu, instructing Simon Rowbotham of 4PB, successfully represented the Respondent mother in F v M [2024] EWHC 1887 (Fam).
The case concerned an application under the 1980 Hague Convention for the summary return of the subject child, aged 10, to New Zealand. The mother advanced a broad defence to these proceedings relying upon Article 3 (habitual residence), Article 13 (the child’s objections) and Article 13(b) (grave risk of harm).
The Court identified various risks which would place the child in an intolerable situation if returned, either directly or through the impact which a return would have on the mother. Mr Justice Peel held that the mother’s Article 13(b) defence was made out, and the father’s application for a return order was dismissed.
Read full judgment below: