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England and Wales decisions
Decisions matching the current search
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 ordered the return of three children to England from Dubai under its inherent jurisdiction, finding their welfare required return.
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.
A (A Child), Re (Habitual Residence) [2026] EWHC 1140 (Fam) (28 April 2026)
The High Court held that A was habitually resident in India on the application date, so it lacked jurisdiction over the wardship and summary return application.
The High Court ordered the return of two children to Dubai after a welfare-based summary return hearing, finding the domestic abuse case unproven and the risk in Dubai low.
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.
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M & N (Children), Re (Abduction: Ireland; Art 13(b); Child Objections) [2026] EWHC 284 (Fam) (11 February 2026)
The High Court ordered the summary return of two girls to Ireland under the Hague Convention, rejecting Article 13(b) and child-objection defences.
The application for summary return under the Hague Convention 1980 is dismissed because the Italian courts are seized of the welfare proceedings, have permitted the children to remain in the UK, and there is no ongoing utility in the English Hague proceedings. The Convention requires prompt action, and the application has not been pursued meaningfully for over 7 months. The facts differ from G v H, and the proceedings have been overtaken by events in the Italian court.
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F v M [2026] EWHC 44 (Fam) (13 January 2026)
The High Court refused a Hague Convention summary return from the UK to TĂĽrkiye, finding both children objected to return and that Article 13(b) was not made out.
Z (Abduction: Re-hearing After Set Aside), Re [2025] EWHC 3564 (Fam) (19 December 2025)
On rehearing a Hague Convention abduction case, the High Court found a grave risk of harm if the child returned to Turkey and refused the father's return application.
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