N v N (Art 12 Settlement)

N v N (Art 12 Settlement)

TN is settled in England and Wales for purposes of Article 12, and grave risk of harm under Article 13(b) is established due to domestic abuse allegations and lack of enforceable protective measures in Albania; discretion not exercised to order return.

Parties
Applicant: EN; First Respondent: RN; Second Respondent: TN
Jurisdiction
England and Wales
Judgment Date
20 January 2026
Procedural Posture
Child Abduction and Custody Act 1984 Application Under the 1980 Hague Convention / Final Judgment
Outcome
Application dismissed
Legal Topics
Hague Convention 1980, Child Settlement Exception, Grave Risk Exception, Protective Measures, Domestic Abuse, Asylum Claims
Family Law International Child Abduction Child Welfare Hague Convention 1980 Child Settlement Exception Grave Risk Exception Protective Measures Domestic Abuse +1 more

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Parties

EN

Applicant

RN

First Respondent

TN

Second Respondent

Procedural Posture

Child Abduction and Custody Act 1984 Application Under the 1980 Hague Convention / Final Judgment

Legal Issues

  1. 1 Whether TN is settled in England and Wales for purposes of Article 12 of the 1980 Hague Convention
  2. 2 Whether return to Albania would expose TN to grave risk of harm or intolerable situation under Article 13(b)
  3. 3 Adequacy and enforceability of protective measures in Albania

Ratio Decidendi

TN is settled in England and Wales for purposes of Article 12, and grave risk of harm under Article 13(b) is established due to domestic abuse allegations and lack of enforceable protective measures in Albania; discretion not exercised to order return.

Court Disposition

Application dismissed

Orders

  • Father's application for return order under the 1980 Hague Convention is dismissed
  • Parties to submit an agreed draft order reflecting judgment