England and Wales Case Law

S (Domestic Adoption of Child of Foreign National), Re

S is not an Indian or British national and is either stateless or eligible for Indian citizenship by descent, but has not acquired it. The adoption application is a domestic adoption, not one with a foreign element. Article 37(b) of the Vienna Convention does not require notification of the Indian High Commission in these circumstances, as S is not an Indian national and notification would be contrary to her welfare. Further delay to pursue Indian citizenship or further family tracing is not justified and would be antithetic to S’s best interests. The statutory requirements for adoption are m…

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• Domestic adoption of child of foreign national
• Nationality and statelessness
• Consular notification under vienna convention
• Jurisdiction for adoption orders
• Notification of birth family in adoption
• Best interests of the child

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Mehul Choksi v The Government of India & Ors

Security for costs was ordered because the claimant is resident abroad, there is a real risk of non-enforcement of costs orders, the merits do not demonstrate a high probability of success, and there is insufficient evidence that the claim would be stifled by the order.

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• Security for costs
• State immunity
• Jurisdiction
• Forum non conveniens
• False imprisonment
• Conspiracy

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BN (A Child)(Abduction: Art 13(b)), Re

Hague Convention return application to Connecticut refused after the court found grave risk from domestic abuse and the mother’s complex PTSD.

• Child abduction
• Hague convention
• Protective measures
• Ptsd and parenting
• Domestic abuse
• Child-abduction

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FG, Re (A Child: Return Order to Lithuania)

FG, Re (A Child: Return Order to Lithuania) [2026] EWHC 1050 (Fam) (01 May 2026)

Hague Convention return proceedings concerning a 6-year-old child. The court found Lithuania was the child’s habitual residence and ordered return.

• Child abduction
• Habitual residence
• Wrongful removal
• Return order
• Hague convention
• Custody rights

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FG (A Child: Return Order to Lithuania, Re

High Court family judgment ordering a child’s return to Lithuania under the Hague Convention after finding wrongful removal, no settlement, and no established Article 13 defence.

• Child abduction
• Habitual residence
• Custody rights
• Hague convention
• Protective measures
• Child-abduction

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X (A Child), Re

X (A Child), Re [2026] EWCA Civ 518 (30 April 2026)

Court of Appeal dismissed an appeal against the summary return of a 14-year-old child to South Africa under the Hague Convention, rejecting Article 13(b) and welfare-based challenges.

• Child abduction
• Hague convention 1980
• Child's objections
• Summary return
• Parental influence
• Article 13(b) exception

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X (A Child), Re

Court of Appeal dismissed appeals against a Hague Convention return order for a 14-year-old child, holding the judge had properly weighed the child’s objections and welfare.

• Child abduction
• Hague convention 1980
• Child's objections
• Article 13(b) defence
• Summary return of child
• Parental influence

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Z (A Child), Re (Retention from Hong Kong: Child's Objections)

Z (A Child), Re (Retention from Hong Kong: Child's Objections) [2026] EWHC 996 (Fam) (28 April 2026)

Hague Convention child abduction case in which the court refused to order Z's return to Hong Kong, relying on his objections and maturity.

• International child abduction
• Hague convention 1980
• Child's objections
• Wrongful retention
• Protective measures
• Parental responsibility

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Loudmila Bourlakova & Ors v The Estate of Oleg Bourlakov & Ors

The High Court refused D7-D8’s bid to expand disclosure and further information, holding that partnership accounting and asset tracing should follow trial on liability.

• Disclosure
• Case management
• Partnerships
• Unjust enrichment
• Foreign law claims
• Asset tracing

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Natalia Nikolaevna Potanina v Vladimir Olegovich Potanin (Case Management)

Case management hearing in Part III financial remedy proceedings. The court refused adjournment and split hearing applications, lifted a stay on disclosure, and set directions toward final hearing.

• Financial remedies after foreign divorce
• Jurisdiction and forum conveniens
• Disclosure obligations
• Effect of sanctions on litigation
• Expert evidence on foreign law
• Part-iii-financial-remedies

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