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

Fecha: 02-Abr-2025

Conclusions on Risk

Conclusions on Risk

63.

As set out above, there are a number of risks that arise in this case. Namely:

(1)

The potential for the mother and child to be at risk of domestic violence and abuse from the father. If the mother’s evidence is true there is clearly a genuine and real risk that (absent adequate protective measures) she and the child will be at risk of controlling, aggressive and violent behaviour from the father.

(2)

The risk that (absent adequate protective measures) a forced return will lead to a significant deterioration in the mother’s mental health and a consequent impairment in her ability to parent D. In the light of my conclusions as to Dr McDermott’s evidence I am satisfied that this risk arises.

(3)

Requiring the mother to make the invidious choice between spending time with her dying mother or returning to Australia with D presents the double risk of a further deterioration in the mother’s mental health (with its consequent impact on her parenting of D) and the possibility of D being separated from his primary carer (and being looked after by the father, who is the subject of a DVPO).

64.

I consider that (absent adequate protective measures being put in place) all of these risks are, on the balance of probabilities, likely to arise were I to order D’s return to Australia. I also consider that the consequences for D of these risks arising would be extremely serious. The consequences for a child of witnessing domestic abuse can be serious and D has already witnessed many quarrels between his parents and was in a position to see the Christmas 2023 incident when his father threw a vacuum cleaner. Likewise, the effects that Dr McDermott identified on his mother’s ability to parent him, should her mental capacity deteriorate are likely to be serious too. Similar considerations would apply to any prolonged separation of D from the mother, his primary carer.

65.

I am of course required to view matters cumulatively. Taking all of these matters into account I have no hesitation in concluding that unless adequate protective measures can be put in place, there is a grave risk that a return to Australia would expose D to physical or psychological harm or otherwise place him in an intolerable situation.