C v M & Anor.
[2023] EWHC 1182 (Fam)
Hague Convention 1980, Article 12: Requires return of children unless exceptions under Article 13 apply.
1980 Hague Convention
Hague Convention 1980, Article 13(1)(b): Defence of grave risk of harm or intolerability.
1980 Hague Convention
Hague Convention 1980, Article 13(2): Defence of child's objection to return.
1980 Hague Convention
Re E (Children)(Abduction: Custody Appeal) [2012] 1 AC 144 and Re S (A Child) (Abduction: Rights of Custody) [2012] UKSC 10: Guidance on Article 13(1)(b) defence, including burden of proof, definition of 'grave risk', and consideration of protective measures.
Case law
Re M (Children)(Republic of Ireland) (Child's Objections) [2015] 2 FLR 1074: Guidance on the 'child's objection' defence, including the distinction between objection and preference.
Case law
Children to be returned to Mauritius.
The court found that the mother did not establish the defences under Article 13(1)(b) or (2). While acknowledging the seriousness of the allegations of domestic abuse and considering X's objection, the court determined that the father's proposed protective measures sufficiently mitigated the risks. The court also weighed the policy considerations underpinning the Convention.