F v G

F v G

The father failed to establish, on the evidence, that there is a grave risk of harm or intolerable situation if P is returned to Poland; the allegations lacked sufficient detail and substance, and effective protective measures are available. Although P objects to return and is of sufficient maturity, her objections are primarily the result of influence from the father and sister, not authentically her own. Convention policy and welfare considerations outweigh P's objections, and the discretion is exercised in favour of return.

Parties
Applicant: F; Respondent: G
Jurisdiction
England and Wales
Judgment Date
09 December 2025
Procedural Posture
Child Abduction Summary Return Application / Final Judgment
Outcome
Application allowed; summary return of P to Poland ordered.
Legal Topics
Child Abduction, Hague Convention 1980, Summary Return, Child's Objections, Grave Risk of Harm, Protective Measures
Family Law International Law Child Abduction Hague Convention 1980 Summary Return Child's Objections Grave Risk of Harm Protective Measures

Case Brief

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Parties

F

Applicant

G

Respondent

Procedural Posture

Child Abduction Summary Return Application / Final Judgment

Legal Issues

  1. 1 Whether the summary return of the child P to Poland should be ordered under the 1980 Hague Convention
  2. 2 Whether the Article 13(b) grave risk of harm/intolerable situation defence is established
  3. 3 Whether the child's objections defence is established and, if so, whether the court should exercise its discretion to refuse return

Ratio Decidendi

The father failed to establish, on the evidence, that there is a grave risk of harm or intolerable situation if P is returned to Poland; the allegations lacked sufficient detail and substance, and effective protective measures are available. Although P objects to return and is of sufficient maturity, her objections are primarily the result of influence from the father and sister, not authentically her own. Convention policy and welfare considerations outweigh P's objections, and the discretion is exercised in favour of return.

Court Disposition

Application allowed; summary return of P to Poland ordered.

Orders

  • P to be returned to Poland to live with her mother.
  • Arrangements for return (timing and accompaniment) to be determined after further submissions.