M v F (No2)(Implementation of Return Order) [2026] EWHC 324 (Fam) (19 January 2026)

M v F (No2)(Implementation of Return Order) [2026] EWHC 324 (Fam) (19 January 2026)

There is no legal impediment to the mother removing the children from the jurisdiction pursuant to the return order under the 1980 Hague Convention, as the pending asylum claims do not prevent voluntary departure and will be treated as withdrawn upon exit.

Citation
[2026] EWHC 324 (Fam)
Parties
Applicant: M; First Respondent: F; Second Respondent: PA; Third Respondent: PG; Fourth Respondent (child): Y; Fifth Respondent (child): Z
Jurisdiction
England and Wales
Judgment Date
19 January 2026
Procedural Posture
Hague Convention, 1980 Child Abduction Proceedings / Post Final Order, Directions Regarding Implementation of Return Order
Outcome
Application granted. Directions given to implement return order.
Legal Topics
Child Abduction, Hague Convention 1980, Asylum Claims, Jurisdiction, Return Orders
Family Law International Law Immigration Law Child Abduction Hague Convention 1980 Asylum Claims Jurisdiction Return Orders

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Parties

M

Applicant

F

First Respondent

PA

Second Respondent

PG

Third Respondent

Y

Fourth Respondent (child)

Z

Fifth Respondent (child)

Procedural Posture

Hague Convention, 1980 Child Abduction Proceedings / Post Final Order, Directions Regarding Implementation of Return Order

Legal Issues

  1. 1 Whether the mother can lawfully remove the children from the jurisdiction while asylum claims are pending
  2. 2 Effect of pending asylum claims and appeals on the implementation of a Hague Convention return order
  3. 3 Authority of non-parental parties to make asylum claims on behalf of children

Ratio Decidendi

There is no legal impediment to the mother removing the children from the jurisdiction pursuant to the return order under the 1980 Hague Convention, as the pending asylum claims do not prevent voluntary departure and will be treated as withdrawn upon exit.

Court Disposition

Application granted. Directions given to implement return order.

Orders

  • Declaration that the mother is entitled to remove the children from the jurisdiction pursuant to the return order under Article 12 of the 1980 Hague Convention.
  • Discharge of Tipstaff orders and Port alerts.