X, Y, Z (Children), Re (Summary Return to Nigeria) [2025] EWHC 1587 (Fam) (25 June 2025)

X, Y, Z (Children), Re (Summary Return to Nigeria) [2025] EWHC 1587 (Fam) (25 June 2025)

The welfare of the children is the paramount consideration. The children have the closest connection to Nigeria, where they were raised and have extended family. The risk of harm to the children and the Applicant if returned to Nigeria is limited and can be managed by protective measures available through the Nigerian courts. The abrupt removal from Nigeria was emotionally harmful to the children. A conditional summary return to Nigeria after the school term, with protective undertakings and orders, is in the children's best interests.

Citation
[2025] EWHC 1587 (Fam)
Parties
Applicant: CD; Respondent: EF
Jurisdiction
England and Wales
Judgment Date
25 June 2025
Procedural Posture
Inherent Jurisdiction (family Division) Summary Return of Children / Final Judgment After Contested Hearing
Outcome
Conditional summary return order granted
Legal Topics
Summary Return of Children, Non Hague Convention Country, Child Welfare, Domestic Abuse Allegations, Jurisdiction, Protective Measures
Family Law International Child Law Summary Return of Children Non Hague Convention Country Child Welfare Domestic Abuse Allegations Jurisdiction Protective Measures

Case Brief

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Parties

CD

Applicant

EF

Respondent

Procedural Posture

Inherent Jurisdiction (family Division) Summary Return of Children / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to order the summary return of three children to Nigeria under the court's inherent jurisdiction
  2. 2 Assessment of risk of harm to the children and primary carer if returned to Nigeria
  3. 3 Adequacy of protective measures in Nigeria

Ratio Decidendi

The welfare of the children is the paramount consideration. The children have the closest connection to Nigeria, where they were raised and have extended family. The risk of harm to the children and the Applicant if returned to Nigeria is limited and can be managed by protective measures available through the Nigerian courts. The abrupt removal from Nigeria was emotionally harmful to the children. A conditional summary return to Nigeria after the school term, with protective undertakings and orders, is in the children's best interests.

Court Disposition

Conditional summary return order granted

Orders

  • Children to return to Nigeria after completion of the summer term in July 2025, subject to protective measures and undertakings to be sought before the Nigerian courts, including maintenance, non-harassment, and absence of the Respondent at the airport.
  • Matter to be listed for review hearing if there is a lack of clarity or dispute about the terms of any Nigerian order.