England and Wales Case Law

M & N (Children) (Abduction: Ireland; Art 13(b); Child Objections), Re

The mother failed to establish a grave risk of harm or intolerable situation under Article 13(b) due to the adequacy of protective measures and support available in Ireland. The children's objections, though strong, do not outweigh the powerful policy reasons for return, including ongoing proceedings and jurisdictional competence of the Irish courts.

Source excerpt

• Hague convention 1980
• Article 13(b) defence
• Child objections
• Protective measures
• Judicial comity

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

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.

• Hague convention 1980
• Child abduction and custody act 1985
• Article 13(b) grave risk exception
• Protective measures
• Domestic abuse
• Ptsd and parental mental health

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C (Article 13(b): Summary return to Lithuania), Re

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.

• Hague convention 1980
• Article 13(b) grave risk exception
• Summary return of child
• Protective measures
• Habitual residence
• Delay and settlement

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Re C (Art 13(b): Summary Return to Lithuania)

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.

• Hague convention 1980
• Article 13(b) grave risk exception
• Summary return
• Habitual residence
• Protective measures
• International-child-abduction

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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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Z, Re

The High Court ordered Z’s return to Egypt only if a DSA and Egyptian court order are secured and the father pays 100,000 EGP in advance; otherwise Z stays in England.

• Summary return of child
• Welfare principle
• Protective measures
• Enforcement of foreign orders
• Domestic abuse findings
• Maintenance and financial support

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The Father v The Mother & Anor

The Father v The Mother & Anor [2026] EWHC 1012 (Fam) (30 April 2026)

The court refused an immediate return to Egypt for a child, holding return could only occur if an Egyptian consent order and financial safeguards were secured.

• Child abduction
• Welfare of the child
• Custody and residence
• International relocation
• Protective measures
• Domestic abuse findings

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