Buscador de jurisprudencia

The father was born in South America and the mother in England. They each moved to Spain in the early 2000s and began their relationship in 2018 when the mother was 19 and the father 35.

They had a child, born in Spain. Their relationship ended in 2024 and after a while the mother moved back to the UK, without telling the father. 

The mother accepted that the removal of the child was wrongful within the meaning of Article 3 of the Convention but argued that a return to Spain would but the child at grave risk of harm.

Return refused. Given the mother's vulnerable situation, a return to Spain would risk exposing the child to physical or psychological harm, or otherwise place her in an intolerable situation.

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

The Judge held that the allegations made by the mother against the father were of sufficient detail and substance to give rise to a grave risk within the meaning of Article 13(1)(b).

The Judge then turned to the question of protective measures and stated that there was no doubt that the authorities in Spain were as effective as any authorities in the UK in providing protection to victims of domestic abuse and to children. However, given the mother’s vulnerable position and history of mental health struggles, the Judge found that a return to Spain would risk jeopardising the mother’s recently established equilibrium and expose the child to physical or psychological harm or otherwise place her in an intolerable situation.