F (A Child) (Habitual Residence), Re

F (A Child) (Habitual Residence), Re

The judge failed to conduct a balanced comparative analysis of F's connections with Colombia and England, focusing unduly on integration in England and disregarding the temporary nature of F's stay and her deep roots in Colombia. On a proper assessment, F remained habitually resident in Colombia at the relevant date.

Source-derived case information.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
24 October 2025
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; original decision set aside
Legal Topics
Habitual Residence, Hague Convention 1980, Wrongful Retention, Comparative Analysis of Integration, Burden of Proof
Family Law International Child Abduction Habitual Residence Hague Convention 1980 Wrongful Retention Comparative Analysis of Integration Burden of Proof

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Summary, issues, holding and outcome

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the child F was habitually resident in Colombia or England at the date of wrongful retention
  2. 2 Whether the judge applied the correct legal approach to habitual residence
  3. 3 Whether subsequent events were improperly considered

Ratio Decidendi

The judge failed to conduct a balanced comparative analysis of F's connections with Colombia and England, focusing unduly on integration in England and disregarding the temporary nature of F's stay and her deep roots in Colombia. On a proper assessment, F remained habitually resident in Colombia at the relevant date.

Court Disposition

Appeal allowed; original decision set aside

Orders

  • Case remitted for rehearing to determine Article 13(b) (grave risk of harm) under the 1980 Hague Convention
  • No need to remit issue of child's objection to return to Colombia