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England and Wales decisions
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BN (A Child)(Abduction: Art 13(b)), Re [2026] EWHC 1158 (Fam) (14 May 2026)
Hague Convention return application to Connecticut refused after the court found grave risk under Article 13(b) because of domestic abuse and the mother's PTSD.
C (Article 13(b): Summary return to Lithuania), Re [2026] EWHC 1120 (Fam) (05 May 2026)
The High Court ordered C’s summary return to Lithuania, rejecting the father’s Article 13(b) grave-risk defence based on the mother’s health, alcohol use, and delay.
The High Court ordered a child’s summary return to Lithuania, rejecting the father’s Article 13(b) grave-risk defence based on the mother’s past mental health, alcohol use, and delay.
The High Court refused a Hague Convention return order after finding a grave risk of harm to a child linked to alleged murder of the mother and no adequate safeguards.
The court found that the respondent mother established a grave risk that the return of the children to the USA would expose them to psychological harm or otherwise place them in an intolerable situation, primarily due to the likely deterioration of her mental health upon return, which would impair her ability to care for the children, and the inadequacy of the protective measures offered by the applicant. The Article 13(b) threshold was met, and the applicant's proposals did not sufficiently ameliorate the risk. Accordingly, the application for summary return was dismissed.
Source excerpt
The application for summary return is dismissed because the mother and Q have established the Article 13(b) grave risk exception due to a history of serious domestic and sexual violence, inadequacy and unreliability of proposed protective measures, and the authentic, strongly held objections of both children to return. The protective measures offered by the father are insufficient and not credible, and the children's objections are genuine and must be respected.
Source excerpt
Y, Re (Child Abduction; Habitual Residence; Grave Risk; Ukraine) [2025] EWHC 3123 (Fam) (19 November 2025)
The High Court refused a father’s Hague Convention return application. It found the child’s habitual residence had shifted to England, and alternatively that return to Chernihiv posed a grave risk.
YM v ML (Article 13(b): Behaviour: Mental Health: Immigration) [2025] EWHC 2219 (Fam) (26 August 2025)
The court ordered the summary return of a 2-year-old child to Australia, rejecting a father’s Article 13(b) objections based on abuse, mental health, and immigration concerns.
The High Court ordered the summary return of a two-year-old child to Australia, rejecting Article 13(b) grave-risk arguments based on abuse, mental health, and immigration concerns.
M v A (No 2: Application to Set Aside Return Order) [2025] EWHC 1344 (Fam) (02 June 2025)
The High Court set aside a Hague Convention return order to Poland after finding the mother’s genuine refusal to return created a new Article 13(b) grave-risk case.
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