TD v MT (Rights of Custody after Lawful Removal) [2026] EWHC 952 (Fam) (28 April 2026)

TD v MT (Rights of Custody after Lawful Removal) [2026] EWHC 952 (Fam) (28 April 2026)

There was no act of retention for the purposes of Article 3 of the 1980 Hague Convention, and even if there was, the father did not have rights of custody at the relevant date; the procedural suspension of the relocation order did not revive the father's rights or require the child's return.

Source-derived case information.

Citation
[2026] EWHC 952 (Fam)
Parties
Applicant: TD; Respondent: MT
Jurisdiction
England and Wales
Judgment Date
28 April 2026
Procedural Posture
Child Abduction Return Application Under the 1980 Hague Convention / Summary Dismissal on Preliminary Issue
Outcome
Application dismissed
Legal Topics
Hague Convention, Rights of Custody, Retention, Summary Dismissal
Family Law International Child Abduction Hague Convention Rights of Custody Retention Summary Dismissal

Source-derived case record

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Parties

TD

Applicant

MT

Respondent

Procedural Posture

Child Abduction Return Application Under the 1980 Hague Convention / Summary Dismissal on Preliminary Issue

Legal Issues

  1. 1 Whether there was an act of retention under Article 3 of the 1980 Hague Convention
  2. 2 Whether the father had rights of custody at the relevant date
  3. 3 Whether any retention was wrongful under the Convention

Ratio Decidendi

There was no act of retention for the purposes of Article 3 of the 1980 Hague Convention, and even if there was, the father did not have rights of custody at the relevant date; the procedural suspension of the relocation order did not revive the father's rights or require the child's return.

Court Disposition

Application dismissed

Orders

  • Father's application under the 1980 Hague Convention is dismissed
  • Counsel to draft order accordingly