V (Article 21 of the 1980 Hague Convention - fact finding), Re
[2023] EWHC 2983 (Fam)
AOX v LSX
18 July 2024
[2024] EWHC 2379 (Fam)
High Court
A father took his daughter from her mother in a violent way. The court believed the mother's account of the abduction, but not her claims that the father abused her before the abduction. The mother then took the daughter to the UK. The judge considered the mother's actions understandable given what the father did.
Key Facts
- •Mother and Father, both Ukrainian nationals, separated after the birth of their daughter, Ludmila.
- •Father abducted Ludmila in September 2021.
- •Russia invaded Ukraine in February 2022.
- •Mother and Ludmila fled to England in April 2022.
- •Father alleges Mother concealed Ludmila's location and prevented contact.
- •Mother alleges Father was physically and emotionally abusive and threatened to kill her.
Legal Principles
Guidance on fact-finding hearings in cases of alleged abuse.
Re P (Sexual Abuse: Finding of Fact Hearing) [2019] EWFC 27 and Re H-N [2021] EWCA Civ 448
Considerations for victims of domestic abuse in court proceedings.
B v E [2023] EWFC 303 (B)
Outcomes
The court found Father's evidence unreliable and that he had lied about the events of 16 September 2021.
The court found Father's actions to be a pre-meditated and planned abduction.
The court found no credible evidence to support Mother's allegations of physical abuse and coercive control against Father prior to their separation.
The absence of reports of domestic abuse prior to separation was noted, but not sufficient to prove the allegations.
The court found that Mother's actions after fleeing Ukraine with Ludmila were justified by her genuine fear of Father.
The court considered the context of war and Father's previous violent actions.