Our Principal Solicitor Natalie Friday, assisted by paralegal Flavia Cretu, successfully represented the Applicant Father in M (A Child) (1980 Hague Convention: Abduction: Article 13(b): Mental Health) [2023] EWHC 3164 (Fam).
The case concerned an application under the 1980 Convention on the Civil Aspects of International Child Abduction for the summary return of the subject child, aged 5, to Australia.
The Court held that the requirements of the defence raised by the Respondent Mother under Article 13(b), namely that there is a grave risk that the child’s return would expose him to physical or psychological harm or otherwise place the child in an intolerable situation, were not met.
Whilst acknowledging that ordering a return of the child to Australia would cause the Respondent great anxiety and distress, it was accepted that the protective measures put forward by the Applicant would provide her with sufficient safeguards and support to travel back with the child and to establish herself in Australia. In his judgment, the Judge also gave consideration to the case of M v G [2020], which is another one of our cases.
Read the full judgment below:
M (A Child) (1980 Hague Convention: Abduction: Article 13(b): Mental Health)