High Court of Justice (England and Wales), Family Division

High Court of Justice (England and Wales), Family Division

United Kingdom - England and Wales

21 August 2024

GT v LT (Re A and R (1980 Hague Convention: Return to Australia))

[2024] EWHC 2190 (Fam)

First instance

• Article 11
• Article 26

• Article 1
• Article 3
• Article 4

Child Abduction and Custody Act 1985, Family Law Act 1975 (Cth) (Australia) (mentioned in relation to the availability of protective orders in Australia)

Not provided

The mother retained two young children in England following an extended visit from Australia. The father sought their return under the 1980 Hague Child Abduction Convention. The mother argued that the children had become habitually resident in England and, alternatively, that a return would expose them to a grave risk of harm under Article 13(b) because of alleged domestic abuse and the likely deterioration of her mental health if required to return to Australia. The court rejected both arguments. It held that the children remained habitually resident in Australia at the date of retention and that adequate protective measures were available to address any risks identified by the mother. In assessing the effectiveness of those measures, the court observed that the 1996 Hague Child Protection Convention would assist their recognition and enforcement in Australia and noted the availability of urgent protective measures under Article 11 and enforcement mechanisms under Article 26. The children were therefore ordered to return to Australia.

The court ordered the return of two children to Australia under the 1980 Hague Child Abduction Convention. The court found that the children remained habitually resident in Australia at the date of the wrongful retention and rejected the mother's Article 13(b) defence based on allegations of domestic abuse and concerns regarding her mental health. In reaching that conclusion, the court relied on a package of protective measures and noted that the 1996 Hague Child Protection Convention would facilitate their recognition and enforcement in Australia, including through Articles 11 and 26.

Not provided