M v F (No2)(Implementation of Return Order)

M v F (No2)(Implementation of Return Order)

There is nothing in the immigration legislation or rules preventing the mother from lawfully removing the children from the jurisdiction pursuant to the return order, even while asylum claims are pending; leaving the UK will result in the asylum claims being treated as withdrawn.

Parties
Applicant: M; First Respondent: F; Second Respondent: PA; Third Respondent: PG; Fourth Respondent (child): Y; Fifth Respondent (child): Z; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
27 March 2026
Procedural Posture
Hague Convention Child Abduction / Post Return Order, Directions for Implementation
Outcome
Mother permitted to remove children from jurisdiction pursuant to return order.
Legal Topics
Child Abduction, Hague Convention 1980, Asylum Claims, Return Order, Parental Responsibility
Family Law International Law Immigration Law Child Abduction Hague Convention 1980 Asylum Claims Return Order Parental Responsibility

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Parties

M

Applicant

F

First Respondent

PA

Second Respondent

PG

Third Respondent

Y

Fourth Respondent (child)

Z

Fifth Respondent (child)

Children's Guardian

Children's Guardian

Procedural Posture

Hague Convention Child Abduction / Post Return Order, Directions for Implementation

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 implementation of Hague Convention return order
  3. 3 Authority of persons making asylum claims on behalf of children without parental responsibility

Ratio Decidendi

There is nothing in the immigration legislation or rules preventing the mother from lawfully removing the children from the jurisdiction pursuant to the return order, even while asylum claims are pending; leaving the UK will result in the asylum claims being treated as withdrawn.

Court Disposition

Mother permitted to remove children from jurisdiction pursuant to return order.

Orders

  • Tipstaff orders and Port alerts discharged.
  • Declaration that children are entitled to leave jurisdiction under Article 12 of the Hague Convention.