Natasha Kirk and Mae Al-Omari secure child's return to Ukraine

Senior associates Natasha Kirk and Mae Al-Omari successfully represented a father on his application under the 1980 Hague Convention for the summary return of his child to Ukraine. The case concluded in December 2023 and was published this month. 

Background

In this case, the child had been wrongfully removed from Ukraine by their mother, initially to Greece and then subsequently to the UK on the mother’s attempt to evade court proceedings. The mother was defending her case primarily on the basis that the existence of Martial Law in Ukraine, as a result of the ongoing conflict, meant that she did not require the father’s consent to remove the child from the jurisdiction. The mother was also seeking to rely on the 'grave risk' Article 13(b) defence on the basis of alleged domestic abuse from the father. Expert evidence was obtained on the impact of Martial Law on domestic family law in Ukraine. 

Judgment

It was the father’s case that even if the court takes the mother’s allegations of domestic abuse at their highest, any risk could be addressed by way of protective measures. With the help and advice of Natasha and Mae, the father proposed a comprehensive package of protective measures. The matter was listed for a two day final hearing and the court was satisfied that the protective measures were sufficient. The court ordered that the child should return to Ukraine.