HF, KF and LF (No 2)(Children; Inherent Jurisdiction; Return Order), Re

HF, KF and LF (No 2)(Children; Inherent Jurisdiction; Return Order), Re

The welfare of the children requires their return to England. The father's wrongful removal and retention of the children, his lack of insight, and the resulting harm to the children's relationship with their mother outweigh the difficulties of transition and the children's stated wishes. The mother is capable of meeting the children's needs with available support, and there are no effective protective measures to ensure her contact in Dubai. The court orders the return of the children within 28 days.

Parties
Applicant: MF; Respondent: FF
Jurisdiction
England and Wales
Judgment Date
01 May 2026
Procedural Posture
Children Inherent Jurisdiction (return Order) / Final Judgment on Summary Return Application
Outcome
Return order granted
Legal Topics
Inherent Jurisdiction, Summary Return, Children's Welfare, Parental Responsibility, Habitual Residence, Domestic Abuse, Contact Arrangements
Family Law Child Abduction Inherent Jurisdiction Summary Return Children's Welfare Parental Responsibility Habitual Residence Domestic Abuse +1 more

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Parties

MF

Applicant

FF

Respondent

Procedural Posture

Children Inherent Jurisdiction (return Order) / Final Judgment on Summary Return Application

Legal Issues

  1. 1 Whether the court should order the summary return of the children to England from Dubai under the inherent jurisdiction
  2. 2 Whether the welfare of the children requires their return
  3. 3 Whether protective measures are available for the mother to have contact in Dubai

Ratio Decidendi

The welfare of the children requires their return to England. The father's wrongful removal and retention of the children, his lack of insight, and the resulting harm to the children's relationship with their mother outweigh the difficulties of transition and the children's stated wishes. The mother is capable of meeting the children's needs with available support, and there are no effective protective measures to ensure her contact in Dubai. The court orders the return of the children within 28 days.

Court Disposition

Return order granted

Orders

  • The father is to cause or effect the return of the children to England within 28 days of the order.
  • Referral to the relevant local authority for support upon the children's return.