Alex Aspinwall appeared on behalf of the respondent mother in proceedings brought pursuant to article 12 of the Hague Convention 1980 for summary return of a child to Slovakia. The mother opposed the application and relied on the defence set out in article 13(b) of the Convention.
Alex succeeded in establishing the grave risk of harm (limb one of the test) but the court found that sufficient protective measures existed in Slovakia to mitigate any risk to the mother and child.
The judgment for XK v JY [2023] EWHC 2996 (Fam) can be found here.