AB v BA

AB v BA

The children are not settled in the United Kingdom due to temporary accommodation, ongoing asylum proceedings, concealment, and lack of emotional stability. No valid Article 13 exceptions are established: the children's views do not amount to objections to return, and allegations of grave risk of harm from domestic abuse, separation, or practical circumstances are confidently discounted based on lack of credible evidence and recent Swedish welfare determinations. Protective measures in Sweden are sufficient. Mandatory return order under Article 12 applies.

Parties
Applicant Father: AB; Respondent Mother: BA; Children (through Guardian): Children (E and F)
Jurisdiction
England and Wales
Judgment Date
19 February 2026
Procedural Posture
Hague Convention Child Abduction Application / Final Judgment
Outcome
Return order granted; children to be returned to Sweden within 14 days.
Legal Topics
Hague Convention, Child Custody, Habitual Residence, Summary Return, Article 12 Settlement, Article 13 Exceptions, Protective Measures
Family Law International Child Abduction Hague Convention Child Custody Habitual Residence Summary Return Article 12 Settlement Article 13 Exceptions +1 more

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Parties

AB

Applicant Father

BA

Respondent Mother

Children (E and F)

Children (through Guardian)

Procedural Posture

Hague Convention Child Abduction Application / Final Judgment

Legal Issues

  1. 1 Whether the children are settled in the United Kingdom under Article 12 of the Hague Convention
  2. 2 Whether any exceptions or defences under Article 13 (children's objections, grave risk of harm) are established
  3. 3 Whether protective measures in Sweden are sufficient to mitigate any risk

Ratio Decidendi

The children are not settled in the United Kingdom due to temporary accommodation, ongoing asylum proceedings, concealment, and lack of emotional stability. No valid Article 13 exceptions are established: the children's views do not amount to objections to return, and allegations of grave risk of harm from domestic abuse, separation, or practical circumstances are confidently discounted based on lack of credible evidence and recent Swedish welfare determinations. Protective measures in Sweden are sufficient. Mandatory return order under Article 12 applies.

Court Disposition

Return order granted; children to be returned to Sweden within 14 days.

Orders

  • Children E and F to be returned to Sweden within 14 days.
  • Father to pay for one-way direct flights to Sweden for the children.