Y (Child Abduction; Habitual Residence; Grave Risk; Ukraine), Re

Y (Child Abduction; Habitual Residence; Grave Risk; Ukraine), Re

By November 2024, Y was habitually resident in England, so M’s retention was not wrongful under the Hague Convention. Even if wrongful retention were found, the grave risk exception under Article 13(b) is made out due to ongoing war and risk of harm in Chernihiv, and protective measures are insufficient. The application for summary return is refused.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
27 November 2025
Procedural Posture
Child Abduction and Custody Act 1985 Application / Final Judgment
Outcome
Application for summary return refused.
Legal Topics
Habitual Residence, Wrongful Retention, Hague Convention 1980, Grave Risk Exception, Child Welfare
Family Law International Child Abduction Habitual Residence Wrongful Retention Hague Convention 1980 Grave Risk Exception Child Welfare

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Parties

F

Applicant

M

Respondent

Procedural Posture

Child Abduction and Custody Act 1985 Application / Final Judgment

Legal Issues

  1. 1 What was the agreement reached between F and M by which M brought Y to England?
  2. 2 Whether M’s refusal to permit Y to return to Ukraine was a ‘retention’ within the meaning of Art.3, and if so when that occurred?
  3. 3 Where was Y habitually resident on the date of any retention, being November 2024?

Ratio Decidendi

By November 2024, Y was habitually resident in England, so M’s retention was not wrongful under the Hague Convention. Even if wrongful retention were found, the grave risk exception under Article 13(b) is made out due to ongoing war and risk of harm in Chernihiv, and protective measures are insufficient. The application for summary return is refused.

Court Disposition

Application for summary return refused.

Orders

  • No order for Y’s return to Ukraine.
  • Parties invited to pursue welfare arrangements and contact through Article 21 and Ukrainian proceedings.