G (No 2) (A Child: Return from USA), Re

G (No 2) (A Child: Return from USA), Re

Given G's age, maturity, and consistently and strongly expressed wish to return to England, combined with her emotional distress and lack of integration in the USA, the court found her welfare required her immediate return. The risks asserted by the father were speculative or outweighed by the harm of remaining in the USA. Delay for further inquiry would be contrary to G's best interests.

Parties
Applicant: Mother; Respondent: Father; Subject Child: G (the child)
Jurisdiction
England and Wales
Judgment Date
23 May 2025
Procedural Posture
Children Act Proceedings (welfare/return of Child) / Final Hearing on Application for Summary Return Order
Outcome
Application granted; order for summary return of G to England.
Legal Topics
Child Return From Non Convention State, Welfare Principle, Habitual Residence, Summary Return Orders, Children's Wishes and Feelings
Family Law Child Law Child Return From Non Convention State Welfare Principle Habitual Residence Summary Return Orders Children's Wishes and Feelings

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Parties

Mother

Applicant

Father

Respondent

G (the child)

Subject Child

Procedural Posture

Children Act Proceedings (welfare/return of Child) / Final Hearing on Application for Summary Return Order

Legal Issues

  1. 1 Whether to make a final determination or adjourn for further welfare inquiry
  2. 2 Whether to order the return of G to England from the USA

Ratio Decidendi

Given G's age, maturity, and consistently and strongly expressed wish to return to England, combined with her emotional distress and lack of integration in the USA, the court found her welfare required her immediate return. The risks asserted by the father were speculative or outweighed by the harm of remaining in the USA. Delay for further inquiry would be contrary to G's best interests.

Court Disposition

Application granted; order for summary return of G to England.

Orders

  • G to return to England no sooner than the end of the US school term (15 June 2025) and by no later than 30 June 2025.
  • Wardship order to continue at High Court level; to be discharged after 6 months if no applications are made.