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England and Wales Case Law

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Family law

T v S

The court found, on the balance of probabilities, that the father gave clear and unequivocal consent to the mother removing the child to England, and that consent remained operative at the time of removal. Additionally, the court found that returning the child to New Zealand would expose the child to a grave risk of harm and an intolerable situation due to the mother's mental health vulnerabilities, lack of support, and exposure to domestic abuse, and that the protective measures offered by the father were insufficient. Both Article 13(a) and 13(b) defences were established, and the court exe…

Source excerpt

  • Hague convention 1980
  • Summary return of child
  • Consent to removal
  • Grave risk of harm
  • Protective measures
  • Domestic abuse
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Family law [2025] EWHC 3340 (Fam)

G v L

G v L [2025] EWHC 3340 (Fam) (19 December 2025)

A Hague Convention return application succeeded after the court found no Article 13 exception prevented D's return to Italy.

  • International child abduction
  • Hague convention 1980
  • Child objections
  • Grave risk of harm
  • Protective measures
  • Summary return orders
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Family law

F v G

The father failed to establish, on the evidence, that there is a grave risk of harm or intolerable situation if P is returned to Poland; the allegations lacked sufficient detail and substance, and effective protective measures are available. Although P objects to return and is of sufficient maturity, her objections are primarily the result of influence from the father and sister, not authentically her own. Convention policy and welfare considerations outweigh P's objections, and the discretion is exercised in favour of return.

Source excerpt

  • Child abduction
  • Hague convention 1980
  • Summary return
  • Child's objections
  • Grave risk of harm
  • Protective measures
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Family law [2025] EWCA Civ 1382

B (Child Abduction: Settlement) (Rev1)

B (Child Abduction: Settlement) (Rev1) [2025] EWCA Civ 1382 (04 November 2025)

The Court of Appeal held that B was settled in England for Article 12 purposes, but the appeal turned mainly on settlement, discretion, and Article 13(b) issues.

  • Child abduction
  • Hague convention
  • Settlement defence
  • Grave risk of harm
  • Discretionary return
  • Protective measures
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Family law

AB (The Child Abduction and Custody Act 1985), Re

AB’s objections are not sufficiently authentic and are likely influenced by the mother; the alleged harm and intolerable situation do not meet the Article 13 threshold; the Netherlands is the jurisdiction for any change to care arrangements; protective measures including therapy are available; return order is appropriate under Convention policy.

Source excerpt

  • Hague convention 1980
  • Child's objections
  • Grave risk of harm
  • Child welfare
  • Jurisdiction
  • Return order
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Family law [2025] EWCA Civ 1119

S (A Child) (Abduction: Article 13(B))

S (A Child) (Abduction: Article 13(B)) [2025] EWCA Civ 1119 (22 August 2025)

The Court of Appeal allowed a mother’s appeal in a Hague Convention case, holding that return to Ireland would expose the child to a grave risk under Article 13(b).

  • Hague convention 1980
  • Article 13(b)
  • Child return orders
  • Protective measures
  • Grave risk of harm
  • Intolerable situation
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Family law [2025] EWHC 2190 (Fam)

F v L & Ors (Rev1)

F v L & Ors (Rev1) [2025] EWHC 2190 (Fam) (20 August 2025)

Hague Convention child abduction claim dismissed after the court held the father had access rights only, not rights of custody, under Zimbabwean law.

  • Hague convention 1980
  • Rights of custody
  • Summary return
  • Settlement
  • Acquiescence
  • Grave risk of harm
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Family law

B (A Child) (Abduction: Acquiescence: Article 13(b)), Re

The father acquiesced in B's retention in England, as evidenced by his conduct and communications over a five-month period, during which he neither asserted his rights nor objected to the mother integrating B into life in England. This acquiescence defeats the application for summary return under Article 13(a) of the Hague Convention.

Source excerpt

  • Wrongful retention
  • Habitual residence
  • Acquiescence
  • Grave risk of harm
  • Article 13(b) defence
  • Discretion under hague convention
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Family law [2025] EWHC 2144 (Fam)

PB v JV (Rev1)

PB v JV (Rev1) [2025] EWHC 2144 (Fam) (12 August 2025)

Hague Convention return application concerning a three-year-old child was dismissed after the court found wrongful retention, New Zealand habitual residence, and acquiescence.

  • Hague convention 1980
  • Wrongful retention
  • Habitual residence
  • Acquiescence
  • Grave risk of harm
  • Protective measures
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Family law [2025] EWHC 985 (Fam)

AB v CD (Rev1)

AB v CD (Rev1) [2025] EWHC 985 (Fam) (01 May 2025)

Hague Convention child abduction case: the court found the father consented to the children moving to England, accepted the elder child objected to return, and dismissed the return application.

  • International child abduction
  • Hague convention 1980
  • Summary return
  • Consent and acquiescence
  • Child objections
  • Grave risk of harm
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.