The High Court has ordered a three-year-old girl to return to England and to the care of the applicant within seven days, in proceedings under the Hague Convention on international child abduction. The court also recorded undertakings from the applicant that will remain in place until an English court makes a further parental responsibility order.
The judgment, delivered by Mr Justice Tony O’Connor on 28 November 2022, concerned an application begun in late July. The proceedings were heard otherwise than in public under an order made by Gearty J. on 28 July. The child and parties are anonymised in the judgment.
A child arrangement order made by a London Family Court in October 2020 provided for the child to live in England and for the respondent to have access visits. The judgment says both parties consented to those arrangements. After the applicant gave birth to a second child in April 2022 and became unwell, the respondent took the girl to Ireland. An English court ordered on 17 June that she be returned by 18 June.
The respondent argued that the applicant had agreed to the child being taken to Ireland for an unstated period, though not to a permanent move or change of habitual residence. The applicant’s case was that the arrangement was short-term respite. The judge found that the respondent had not proved, on the balance of probabilities, clear and unequivocal consent to an open-ended relocation. The court concluded that the agreement was for respite during the difficult circumstances following the birth.
The respondent also raised a grave-risk defence, citing concerns that could require supervision, monitoring, reporting and intervention. The judge said the English courts could assess the allegations and protect the child’s interests, and declined to embark on a separate inquiry into those concerns in the return proceedings.
The applicant offered undertakings to assist with reopening custody and access proceedings in England and Wales; notify relevant health services and the child’s education providers after the return; provide the respondent’s contact details to those services; seek English court consent to release any relevant police reports; and register the child with a certified child psychologist within 14 days of her return. The return order will be on further terms the parties may agree. If they cannot agree, either party may apply on 48 hours’ notice for the High Court to determine those terms.
The undertakings are to remain in force until an English court makes a further parental responsibility order, after which they lapse. The case was to be listed in the Hague List on 15 December 2022. There was no order as to costs.