No: FD24P00469 - [2025] EWHC 799 (Fam)

Fecha: 02-Abr-2025

Art 13(b) - The Parties’ Cases

Art 13(b) - The Parties’ Cases

34.

For the mother, Mr Evans has four strands to his Art 13(b) defence namely:

(1)

The domestic abuse that he says has been perpetrated by the father towards the mother and D;

(2)

The risk of a detrimental impact upon the mother’s mental health of a return;

(3)

The risk of a potential separation of the mother and child if there is a return; and

(4)

The mother’s own complicated family situation in England, particularly the terminal illness of her own mother.

Looking at these cumulatively he argues that they present a grave risk of harm or intolerability to D which cannot be overcome by the protective measures that are being offered by the father.

35.

For the father Mr Crosthwaite contends that these risks do not arise, or to the extent that they do, they can be addressed by the protective measures that the father is offering. He contends that the mother’s allegations, both in relation to the abuse that she says that she has suffered and her mental health, are exaggerated.