S v D (Hague Convention: Domestic Abuse: Undertakings: Return to Third State  EWHC 56 (Fam)
29th January 2019
Barrister: Oliver Riley
Source: Family Law Week
Summary: Oliver Riley of St John’s Family & Divorce team provides a summary of the judgment of Cobb J considering a father’s application under the Hague Convention and Article 11 of Council Regulation (EC) 2201/2003 seeking the return of his son to Hungary, despite the parties being habitually resident in Germany at the time of the child’s removal. The decision considers the use of undertakings to protect against the grave risk of harm to the child if his return is ordered.