EN v RN & Anor [2026] EWHC 21 (Fam) (15 January 2026)

EN v RN & Anor [2026] EWHC 21 (Fam) (15 January 2026)

The court found that TN is settled in England and Wales for the purposes of Article 12 of the 1980 Hague Convention, considering his physical, emotional, and psychological integration, and that the grave risk exception under Article 13(b) is also established due to the risk of harm if returned to Albania. The court declined to exercise its discretion to order TN's return, as such an order would not be in his best interests and would disrupt his settled environment.

Citation
[2026] EWHC 21 (Fam)
Parties
Applicant: EN; First Respondent: RN; Second Respondent: TN
Jurisdiction
England and Wales
Judgment Date
15 January 2026
Procedural Posture
Child Abduction (hague Convention) / Final Judgment
Outcome
Application for return order dismissed
Legal Topics
Child Abduction, Hague Convention 1980, Settlement Exception, Grave Risk Exception, Asylum and Immigration, Summary Return Orders
Family Law International Law Child Abduction Hague Convention 1980 Settlement Exception Grave Risk Exception Asylum and Immigration Summary Return Orders

Case Brief

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Parties

EN

Applicant

RN

First Respondent

TN

Second Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

  1. 1 Whether the child TN is settled in England and Wales for the purposes of Article 12 of the 1980 Hague Convention
  2. 2 Whether there is a grave risk that TN's return to Albania would expose him to physical or psychological harm or otherwise place him in an intolerable situation under Article 13(b)
  3. 3 Whether the court should exercise its discretion to order TN's return notwithstanding the exceptions

Ratio Decidendi

The court found that TN is settled in England and Wales for the purposes of Article 12 of the 1980 Hague Convention, considering his physical, emotional, and psychological integration, and that the grave risk exception under Article 13(b) is also established due to the risk of harm if returned to Albania. The court declined to exercise its discretion to order TN's return, as such an order would not be in his best interests and would disrupt his settled environment.

Court Disposition

Application for return order dismissed

Orders

  • No return order to Albania is made under the 1980 Hague Convention
  • TN remains in the jurisdiction of England and Wales