Cases
S (A Child) (Abduction: Article 13(b)), Re
Court
Court of Appeal (Civil Division)
Practice Areas
The case concerned an appeal against an order requiring the summary return of a 7-year-old child (S) to Ireland under the 1980 Hague Convention. The mother opposed the return on the basis of Article 13(b), citing serious allegations of domestic abuse, her inability to return to Ireland, and the child’s particular vulnerabilities and attachment to her and his sibling.
The Court of Appeal found that the judge at first instance had not applied the correct approach under Re E, particularly in failing to assess the mother’s case cumulatively and in relying heavily on Cafcass evidence outside its scope. The court held that, if the mother’s allegations were true, return would present a grave risk of psychological harm or otherwise place the child in an intolerable situation. It also concluded that the protective measures proposed were insufficient.
The appeal was allowed, and the return order set aside.
To read full judgment click here.
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