Case-law

Successful appeal against return using 13(2) – child’s objection – and a ‘hybrid approach to habitual residence: ‘Under the hybrid approach, a child’s habitual residence can change while he or she is staying with one parent under the time‑limited consent of the other. The application judge considers the intention of the parents that the move would be temporary, and the reasons for that agreement but also considers all other evidence relevant to the child’s habitual residence.’

A UK mother who was told that her children must return to Poland to live with their allegedly abusive father has won her appeal on the basis that her mental health would make it impossible for her to return with the children, regardless of protective orders. The judge considered it unlikely that the father could be trusted to comply with the orders.

This was an application heard in the High Court. The court was concerned with the application under the inherent jurisdiction for the summary return of N (now aged 1 year 9 months, to Dubai in the United Arab Emirates).

Amici are 83 Italian organisations with extensive experience of providing services for victims of DV in Italy. They argue that, given the inadequacies in Italy’s response to DV, the ameliorative measures proposed in this case will not protect the child from grave risk.