- Father did not give consent for the mother to take their child to South Africa.
- The court found no evidence that returning the child to Denmark would put him at grave risk or in an intolerable situation.
- Protective measures were ordered to ensure the child’s safe return and ongoing welfare in Denmark.
The High Court in Johannesburg has ordered that a six-year-old boy be returned immediately to Denmark after his mother unlawfully took him from his habitual residence.
Acting Judge LR Adams ruled in favor of the father, who sought the child’s return with help from South Africa’s Central Authority under the “Hague Convention child abduction” framework.
The mother had brought the child to South Africa on 5 August 2025. She claimed that the father had agreed to the trip and argued that sending the child back to Denmark would expose him to a “grave risk of physical and psychological harm” because of the father’s bipolar condition and busy work schedule.
Court rejects mother’s consent claim
Judge Adams found the mother’s account “far-fetched and unsustainable.” He stressed that the child was taken “clandestinely and stealthily in the middle of the night” and that the father never gave consent. The judgment states, “The inherent improbability in the respondent’s version is self-evident. This version must be rejected.”
The court then concluded that the defense under Article 13(a) of the “Hague Convention child abduction” provisions did not apply. Judge Adams confirmed that the father “did not consent to or subsequently agree to the removal or retention” of the child in South Africa.
No grave risk to the child’s welfare
The mother also claimed that returning the child would place him in an intolerable situation under Article 13(b). Judge Adams highlighted that the threshold for this defense is high. He noted, “I conclude that there is not a grave risk that the minor child’s return to Denmark would expose him to physical or psychological harm or otherwise place him in an intolerable situation.”
Evidence showed that the child wanted to return to Denmark to be with his father. The court also found that the father had organised the child’s schooling and welfare, showing that he is fully capable of caring for his son. This underscored the purpose of the “Hague Convention child abduction” rules, which prioritize the quick return of children to their habitual residence so that long-term custody matters can be handled by the right authorities.
Protective measures to safeguard the child
To ensure a smooth and safe return, the court issued detailed instructions. The Central Authority of South Africa is to collect the child’s passport and travel documents and facilitate his handover within ten days. If the mother refuses to cooperate, the Sheriff, aided by the South African Police Service, may enforce the order.
The father will cover all travel costs and provide accommodation, medical care, and support for the mother and their second child when they later join him in Denmark. Judge Adams highlighted the purpose of the Hague Convention, stating, “The prompt return of the child lies at the heart of the Convention’s entire scheme.”
The court concluded that returning the child serves his best interests and allows Danish authorities to determine long-term custody arrangements. Both parties were ordered to pay their own costs.
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