J (A Child: 1980 Hague Convention proceedings)  EWHC 1213 (Fam)
26th May 2021
Judgment: The father applied for the child's summary return to Australia. The mother, who was deaf and had a cochlear implant due for replacement, relied on a defence under Article 13(b) of the 1980 Hague Convention. Submissions on her behalf focused on the father's criminal convictions, for which he had been placed on the sex offenders register. Hayden J noted that it was an established precept of child safeguarding that where, as here, a convicted offender failed to acknowledge guilt and/or sought to minimise his behaviour, such actions were to be generally regarded as indicative of continuing risk. The mother made allegations of coercive and controlling behaviour against him, but appeared to have a very poor grasp of the risk that he could present to her children. Hayden J was comfortably satisfied that the evidence established a grave risk of serious harm to a child. In Australia, her isolation, vulnerability, challenges with communication and incomplete understanding of the risk the father represented would all leave her exposed to the manipulative and abusive behaviour of which he was accused. The defence provided by Article 13(b) was established and the application was dismissed.