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England and Wales decisions
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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.
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.
The judge's assessment of the evidence was tainted by his erroneous view that solicitor-guardian opinion evidence was inadmissible and should not be given, undermining the fairness and proper determination of the application; the case must be remitted for rehearing.
Source excerpt
D (A Child), Re (Abduction: Child's Objections: Representation of Child Party) (Rev1) [2023] EWCA Civ 1047 (14 September 2023)
Court of Appeal held that the case had to be reheard after the judge wrongly treated solicitor-guardian opinion evidence as effectively inadmissible and gave it negligible weight.
The Court of Appeal dismissed a mother's Hague Convention appeal, upholding a return order for her 11-year-old daughter to Lithuania and rejecting Article 13 objections.
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