Domestic Abuse in UK Law
E (Children) (FC)
It is not enough, as it is in other contexts such as asylum, that the risk be "real". It must have reached such a level of seriousness as to be characterised as "grave". Although "grave" characterises the risk rather than the harm, there is in ordinary language a link between the two. Thus a relatively low risk of death or really serious injury might properly be qualified as "grave" while a higher level of risk might be required for other less serious forms of harm.
As was said in Re D, at para 52, "'Intolerable' is a strong word, but when applied to a child must mean 'a situation which this particular child in these particular circumstances should not be expected to tolerate'". Every child has to put up with a certain amount of rough and tumble, discomfort and distress. But there are some things which it is not reasonable to expect a child to tolerate.
There is obviously a tension between the inability of the court to resolve factual disputes between the parties and the risks that the child will face if the allegations are in fact true. Where allegations of domestic abuse are made, the court should first ask whether, if they are true, there would be a grave risk that the child would be exposed to physical or psychological harm or otherwise placed in an intolerable situation.
Re NY (A Child) (1980 Hague Abduction Convention) (Inherent Jurisdiction)
The mother also refers to Practice Direction 12J, which supplements Part 12 of the 2010 Rules and which is entitled
Re CB (International Relocation: Domestic Abuse: Child Arrangements)
The relationship of CB with her father, and the prospect of a life without him in any meaningful sense, currently hangs in the balance. In resolving how that balance tilts in this case, one powerful consideration is my obligation under Article 8 to do what is necessary and proportionate to protect and enhance CB's rights to family life with her father, and the father's rights to a relationship with his daughter.
Given all that I have said above, it is, in my judgment, in CB's interests that one final time-limited opportunity is offered to the father to demonstrate that he can be a good parent to CB, and could co-parent CB with the mother; he needs help with this, which I am not sure he has yet received (see inter alia  above).
S v C
The critical question is what will happen if, with the mother, the child is returned. If the court concludes that, on return, the mother will suffer such anxieties that their effect on her mental health will create a situation that is intolerable for the child, then the child should not be returned. It matters not whether the mother's anxieties will be reasonable or unreasonable.
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