S v Q

The children were wrongfully retained in England at the end of December 2024 as the Father did not consent to permanent removal. Article 13(b) risks alleged by the Mother can be adequately mitigated by enforceable protective measures in Mauritius. Return order is granted subject to implementation and enforceability of those measures.

Parties: Applicant: S; Respondent: Q
Jurisdiction: England and Wales
Judgment Date: 18 September 2025
Procedural Posture: Child Abduction (hague Convention) / Final Judgment
Outcome: Return order granted, stayed pending implementation of protective measures.
Legal Topics: Hague Convention 1980, Habitual Residence, Article 13(b), Domestic Abuse, Protective Measures

Family Law International Child Abduction Hague Convention 1980 Habitual Residence Article 13(b) Domestic Abuse Protective Measures

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Parties

Applicant

Respondent

Procedural Posture

Child Abduction (hague Convention) / Final Judgment

Legal Issues

1 Whether the children were wrongfully retained under the Hague Convention
2 Whether Article 13(b) grave risk exception applies
3 Adequacy and enforceability of protective measures in Mauritius

Ratio Decidendi

Court Disposition

Return order granted, stayed pending implementation of protective measures.

Orders

Father to ensure all protective measures are incorporated in enforceable orders/undertakings in Mauritius before return.
Father to obtain and pay for exequatur or equivalent process in Mauritius.