Father Ordered to Return Daughter to Her Mother’s Home Country
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A father who abducted his three-year-old daughter has been ordered to return her to her mother’s home country.
Case Background
The mother and father were from different countries. They married in 2019 and moved to the mother’s country in 2020. The mother worked, and the father was the homemaker. In 2022, they planned to move to England, but their relationship deteriorated before the move, with the mother alleging emotional abuse by the father.
Abduction and Legal Proceedings
The mother left the family home with the child, filed for divorce, and sought help from social services. The father was given supervised contact but fled the country with the child to England. The court in the mother’s country granted her custody, and she applied for the child’s return under the Hague Convention on the Civil Aspects of International Child Abduction 1980 art.12.
Court’s Decision
The father argued that returning the child would subject her to grave risk of harm. However, the High Court found in favor of the mother, ruling that returning the child to her mother’s care would not expose her to grave risk or intolerability. The father’s allegations against the mother were not sufficient to constitute a grave risk, and the court ordered the child’s return under the Convention.
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Father ordered to return daughter to her mother’s home country
N (Abduction), Re
Also known as: A Mother v A Father
Family Division
December 2022
[2022] EWHC 3146 (Fam)
Judge Judd J