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Can a Child’s Return Be Denied for Grave Risk of Harm? – D (A Child), Re (Abduction: Article 13(b)) (Rev1) (02 April 2025)
The court considered whether a father’s application for the return of his son to Australia under the 1980 Hague Convention should be denied due to a grave risk of harm under Article 13(b). Although the removal of the child to the UK was found to be wrongful, the court determined that returning the child would expose him to intolerable conditions. The judgment highlighted the insufficiency of the proposed protective measures, taking into account the mother’s mental health and allegations of domestic abuse. The decision underlines the court’s paramount consideration of the child’s welfare in international abduction cases.
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By KandooThe court considered whether a father’s application for the return of his son to Australia under the 1980 Hague Convention should be denied due to a grave risk of harm under Article 13(b). Although the removal of the child to the UK was found to be wrongful, the court determined that returning the child would expose him to intolerable conditions. The judgment highlighted the insufficiency of the proposed protective measures, taking into account the mother’s mental health and allegations of domestic abuse. The decision underlines the court’s paramount consideration of the child’s welfare in international abduction cases.