“Grave Risk” Defence and Educational Needs Scrutinised in Hague Child Return Case

SD v MM [2024] EWHC 2593 (Fam)

Avaia Williams, a first-six pupil under the supervision of Sara Anning and Rebecca Musgrove, offers an insightful summary for Family Law Week on SD v MM [2024] EWHC 2593 (Fam), a recent High Court case interpreting Article 13(b) of the 1980 Hague Convention.

The judgment addresses the stringent threshold for the “grave risk” defence, as the mother argued that returning her child with Asperger’s Syndrome to Romania would expose him to psychological harm due to insufficient specialist educational support. However, the High Court found no substantial evidence of “grave” harm, emphasising that protective measures in Romania could mitigate the mother’s concerns.

This case reinforces the Convention’s principle of swift returns to the habitual residence and underscores the limited application of Article 13(b) in child abduction cases.

The full summary is available on Family Law Week.

The full Judgment can be found here.