[2025] EWHC 2219 (Fam)

M’s allegations against F are serious ones. Any and all forms of domestic abuse are pernicious and are not to be tolerated. However, notwithstanding this, I do not agree that the allegations made by M of F’s abusive behaviour “taken at their highest” lead to the possibility of a grave risk to A. Many of M’s allegations against F are situational to their relationship which has now come to an end. M also asserts that the risk of harm to A is emotional harm; she does not assert that there is any risk of physical harm to A. Article 13(b) is forward looking and I made it clear during the course of the hearing that contact between A and F on any return to Australia would be as offered by M/agreed between the parties pending any order of the Australian courts who (per G v D (Art 13(b): Absence of Protective Measures) per MacDonald J at [39]) I accept are as equally adept in protecting children as they are in this country (as the contrary was neither alleged nor proved). A would thereby be protected from these harmful behaviours.I also consider that there is some (albeit not perhaps great) force in the observation made on F’s behalf that when he travelled to England in June 2024 he stayed close by and saw A both with and without M present (if correct as M disputes this asserting that F’s parents who travelled and stayed with F were present when he saw A) and that this puts into perspective M’s assertion that A would be at a grave risk of harm upon a return.