X (a Minor) (Hague Convention 1980, Article 13(b); Article 13(2)), Re

X (a Minor) (Hague Convention 1980, Article 13(b); Article 13(2)), Re

The grave risk of harm defence under Article 13(b) is not substantiated by evidence; X’s objections to return are not authentically his own but are the product of F’s manipulation and abusive, enmeshed relationship. The discretion under Article 13(2) is exercised in favour of return, as X’s welfare is best served by decompression from F’s influence and restoration of relationships with his mother and extended family in South Africa.

Parties
Applicant: M; First Respondent: F; Second Respondent: X (through his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
24 February 2026
Procedural Posture
Family / Judgment
Outcome
Return order granted; X to be returned to South Africa.
Legal Topics
Hague Convention 1980, Article 13(b) Grave Risk of Harm, Article 13(2) Child’s Objections, Child Welfare, Parental Alienation
Family Law International Child Abduction Hague Convention 1980 Article 13(b) Grave Risk of Harm Article 13(2) Child’s Objections Child Welfare Parental Alienation

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Parties

M

Applicant

F

First Respondent

X (through his Children’s Guardian)

Second Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether X should be returned to South Africa under the Hague Convention 1980
  2. 2 Whether Article 13(b) grave risk of harm defence applies
  3. 3 Whether X's objections to return are authentic and sufficient under Article 13(2)

Ratio Decidendi

The grave risk of harm defence under Article 13(b) is not substantiated by evidence; X’s objections to return are not authentically his own but are the product of F’s manipulation and abusive, enmeshed relationship. The discretion under Article 13(2) is exercised in favour of return, as X’s welfare is best served by decompression from F’s influence and restoration of relationships with his mother and extended family in South Africa.

Court Disposition

Return order granted; X to be returned to South Africa.

Orders

  • X to be returned to South Africa expeditiously.
  • M’s team to coordinate arrangements to ameliorate X’s distress.