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The parents were Romanian citizens and lived in Romania. They married and had two children aged almost 8 and almost 10 at the time of the hearing. 

The parents separated in October 2022 and divorced about a year later.

In January 2024, the mother made an urgent application seeking the Romanian court’s consent to her moving the children to the UK for a period of around 3 years so that they could be educated there. The father opposed that application. The Romanian court dismissed the mother’s application, partly on the ground that the condition of urgency was not met. Despite this the mother moved the children to England two weeks later, without the father’s knowledge or consent. 

In May 2024 the father filed an application under the 1980 Hague Abduction Convention for the return of the children to Romania. 

The mother argued that the elder child was at grave risk of harm should he be returned to Romania and that the siblings should not be separated. 

The Court held that the mother had not made out the Article 13(1)(b) exception and ordered the return of the children.

Grave Risk - Art. 13(1)(b)

The mother argued that the elder child would be at grave risk were he to return to Romania due to having to attend a Romanian state school. The father disagreed that the school had harmed the child.

The Court held that, even if the mother’s assertions about the effect of the state school on the child were true, this would not amount to a grave risk of harm within the meaning of Article 13(1)(b). The Court added that, even if this determination were wrong, the mother had the means to pay for a place for the child at a private school.