Re A (a child) – Family Law Week case summary

27 January 2022

Final / fact finding hearing in Mother’s application for child arrangements, specific issue and prohibited steps orders after Father abducted the child A to Switzerland.

F removed A to Switzerland in June 2020 by way of what the Judge found was a "cynically and meticulously planned" abduction "calculated to maximise stress" to M.  M's application for A's return under the Hague Convention was dismissed by the Swiss court which found the Article 13b defence (grave risk of harm) established.  M's appeal was unsuccessful and she issued these proceedings.  F then applied to have these proceedings transferred to Switzerland pursuant to Article 7.  That application was dismissed, but caused further delay.  In that time there was little evidence that F had made any effort to promote contact or any relationship between M and A.

M's allegations against F were that he was a manipulative and controlling individual who cynically and carefully planned an abduction without any insight into A's needs and for which there was no defence

In resisting M's applications, F relied on evidence from the father (TD) of 2 of M's older children S & Z who lived with TD, in particular the account of how M arranged for the boys (aged 6 & 8) to be circumcised during contact with her.  The court found M violated the personal and bodily integrity of the boys and did so in a planned way deliberately concealing her actions from TD and following a period of coercion where she frightened the boys with fears of the 'flames of hell' and the withdrawal of her own affection.

Read the full summary on Family Law Week.