England and Wales Case Law

G v L (Return Order)

Neither the grave harm exception under Article 13(b) nor the child objection exception under Article 13 is established; protective measures offered by the mother and involvement of Italian social services are sufficient to address any risk, and D’s objections are not to Italy per se and he lacks the maturity required for his views to be determinative. The court exercises its discretion in favour of summary return to Italy.

Source excerpt

• Hague convention
• Child return order
• Child objections
• Grave risk exception
• Protective measures

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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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TD v MT (Rights of Custody after Lawful Removal)

A Hague Convention return application failed because the court found no act of retention on 17 February 2025, and the father no longer had rights of custody then.

• Rights of custody
• Wrongful retention
• Hague convention
• Summary dismissal
• Hague-convention
• Wrongful-retention

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TD v MT (Rights of Custody after Lawful Removal)

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

The High Court dismissed a Hague Convention return application, finding no retention after lawful removal and, in any event, no rights of custody at the relevant date.

• Hague convention
• Rights of custody
• Retention
• Summary dismissal
• Hague-convention
• Rights-of-custody

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S v S (No2)(Art 21 Welfare)

The court found that the children suffered emotional and physical harm from the father's abusive conduct, that the father lacks insight and poses ongoing risk, and that the children's welfare requires a final lives with order in favour of the mother, no contact with the father, restrictions on the father's parental responsibility, and a section 91(14) order for five years.

Source excerpt

• Child arrangements
• Parental responsibility
• Domestic abuse
• Section 91(14) orders
• Hague convention
• Asylum and refugee status

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AB v BA

The children are not settled in the United Kingdom due to temporary accommodation, ongoing asylum proceedings, concealment, and lack of emotional stability. No valid Article 13 exceptions are established: the children's views do not amount to objections to return, and allegations of grave risk of harm from domestic abuse, separation, or practical circumstances are confidently discounted based on lack of credible evidence and recent Swedish welfare determinations. Protective measures in Sweden are sufficient. Mandatory return order under Article 12 applies.

Source excerpt

• Hague convention
• Child custody
• Habitual residence
• Summary return
• Article 12 settlement
• Article 13 exceptions

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R (Children: Setting Aside Hague Return Order)(No. 2)

R (Children: Setting Aside Hague Return Order)(No. 2) [2026] EWCA Civ 18 (20 January 2026)

The Court of Appeal set aside a Hague return order by consent and allowed withdrawal of the father’s summons, without deciding the merits of the appeal.

• Hague convention
• Child return orders
• Withdrawal of application
• Hague-convention
• Child-return-orders
• Appeal-disposal-by-consent

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R (Children: Setting aside Hague return order) (No. 2), Re

The Court of Appeal set aside a Hague return order by consent after the father withdrew his summons, and the children’s appeal was withdrawn without deciding the merits.

• Hague convention
• Child abduction
• Return orders
• Protective measures
• Withdrawal of proceedings
• Hague-convention

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