Patrick Steel provides insightful commentary on the recent case, Re A (Article 13b, Ukraine) [2023] EWHC 3524 (Fam), for Family Law Week.

In Re A the father applied under the 1980 Hague Convention for the return of his daughter to Ukraine, following her removal to the UK by the mother without his consent. The mother initially argued that their daughter’s removal did not breach the father’s custody rights but later relied on an Article 13.b) defence, citing grave risk due to alleged domestic abuse. Despite acknowledging the mother’s allegations, Mr Justice Keehan determined that adequate protective measures could mitigate the risk, thereby ordering the child’s return to Ukraine as being in her best interests.

You can read Patrick’s full commentary on the Family Law Week website or directly, here.