L v D [2025] EWHC 955 (Fam) (24 March 2025)

L v D [2025] EWHC 955 (Fam) (24 March 2025)

Sophia had, by 30 May 2024, achieved a sufficient degree of social and familial integration in England to establish habitual residence there. As a result, her retention in England was not wrongful under the Hague Convention, and the court lacked jurisdiction to order her summary return to Colombia.

Source-derived case information.

Citation
[2025] EWHC 955 (Fam)
Parties
Applicant Mother: L; Respondent Father: D
Jurisdiction
England and Wales
Judgment Date
24 March 2025
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Habitual Residence, Wrongful Retention, Summary Return, Child Abduction, Article 13(b) Grave Risk, Jurisdiction
Family Law International Law Habitual Residence Wrongful Retention Summary Return Child Abduction Article 13(b) Grave Risk Jurisdiction

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Parties

L

Applicant Mother

D

Respondent Father

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether the child Sophia was habitually resident in Colombia or England at the relevant date
  2. 2 Whether the retention of Sophia in England was wrongful under the 1980 Hague Convention
  3. 3 Whether Article 13(b) grave risk of harm defence applies

Ratio Decidendi

Sophia had, by 30 May 2024, achieved a sufficient degree of social and familial integration in England to establish habitual residence there. As a result, her retention in England was not wrongful under the Hague Convention, and the court lacked jurisdiction to order her summary return to Colombia.

Court Disposition

Application dismissed for want of jurisdiction