A Father vs A Mother

This case concerned an application by a father for the summary return of his son to Ukraine under the Child Abduction and Custody Act 1985, incorporating the 1980 Hague Convention.

TLDR:

• Father applied for the return of his son to Ukraine.
• Mother opposed the return citing safety concerns due to the ongoing conflict.
• The court ordered the return of the child to a safer part of Ukraine.

The applicant, a father, sought the summary return of his son, N, to Ukraine under the Child Abduction and Custody Act 1985, which incorporates the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The respondent, N's mother, opposed the application, citing safety concerns due to the ongoing conflict in Ukraine.

During the hearing, the father presented evidence of alternative living locations in Ukraine that were distant from the current conflict. He identified three locations, including T Town, which he argued were safe for N. The father also made arrangements for N's education and his own remote work to ensure a stable environment for N.

The mother argued that moving N to these locations would be damaging as he had no connections there and would be isolated. She also raised concerns about the quality of education in these areas and the potential risk of the father being conscripted into the Ukrainian armed forces.

The court considered the updated evidence and submissions from both parties. The judge noted that the three alternative locations identified by the father did not carry the same risks of grave harm as X Town, which had been subject to shelling. The judge concluded that T Town was a suitable and safe location for N's return.

The court rejected the mother's Article 13(b) defence, which argued that N would face a grave risk of harm or an intolerable situation if returned to Ukraine. The judge emphasized that N's return to Ukraine, where he could be with his father, friends, and dog, was in his best interests.

The judge accepted the father's undertakings to move to T Town and to facilitate contact between N and his mother. The court also noted that these undertakings would be lodged with the Ukrainian court to ensure their enforceability.

In conclusion, the court ordered the return of N to Ukraine by 3 June 2024, allowing him to finish his school term in England and have a holiday with his mother before returning to his father's care in Ukraine.