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

Looking at the identified risks cumulatively, I am not satisfied that the protective measures offered by the father are sufficient to protect D from the grave risk of harm and intolerability that I have found that he would face on a return. Therefore, and taking all matters into account, I am satisfied that the mother has established her defence under Art 13(b). In the circumstances I exercise my discretion under the Convention to refuse to order D’s return to Australia and dismiss the father’s application.

That is my judgment.