A (Article 13(b): Mental Ill-health)

Ralph Marnham (instructed by WBW Solicitors LLP) for the Applicant Father Katie Chokowry (instructed by International Family Law Group LLP) for the Respondent Mother Hearing dates: 7 and 8 August 2023 ____________________

i) That at the material time of the retention (agreed to be 31 January 2023), A's habitual residence was not in Australia but was in England and Wales;

ii) A's return to Australia would expose him to a grave risk of physical or psychological harm, or otherwise place him in an intolerable situation as per Article 13(b) of the 1980 Hague Convention, as a consequence of:

iii) That, on the basis that the Article 13(b) exception is made out on one or other of the grounds identified above, the court should exercise its discretion not to return A to Australia.

The mother originally intimated that her case would also be based on acquiescence, but did not in the event pursue this.