England and Wales Case 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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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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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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X (A Child), Re

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.

• Child abduction
• Hague convention 1980
• Child's objections
• Article 13(b) defence
• Summary return of child
• Parental influence

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A (A Child) (Habitual Residence), Re

The court held that A was habitually resident in India on 17 October 2025, so it lacked jurisdiction. The wardship and summary return applications were dismissed.

• Habitual residence
• Wardship
• Jurisdiction of english courts
• Summary return of child
• Habitual-residence
• Child-arrangements-jurisdiction

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X (a Minor), Re (Hague Convention 1980, Article 13(b); Article 13(2))

X (a Minor), Re (Hague Convention 1980, Article 13(b); Article 13(2)) [2026] EWHC 400 (Fam) (24 February 2026)

The High Court ordered X’s summary return to South Africa under the Hague Convention, rejecting Article 13(b) and finding his objections were not authentically his own.

• Hague convention 1980
• Article 13(b) grave risk of harm
• Article 13(2) child's objections
• Summary return of child
• Parental alienation
• Enforcement of contact orders

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ND v K

ND v K [2025] EWHC 1548 (Fam) (20 June 2025)

The High Court held that L’s circumstances were exceptional and invoked the inherent jurisdiction to protect him and facilitate his return to France.

• Wardship
• Inherent jurisdiction
• Parens patriae
• Summary return of child
• International comity
• Habitual residence

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FC v MS

FC v MS [2025] EWHC 1030 (Fam) (22 April 2025)

The High Court ordered DC’s return to Ireland under the Hague Convention, rejecting the mother’s Article 13(b) grave risk defence.

• Hague convention 1980
• Summary return of child
• Article 13(b) grave risk defence
• Protective measures
• Separation from primary carer
• Domestic abuse allegations

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S (A Child) : Refusal of Summary Return to UAE, Re

S (A Child) : Refusal of Summary Return to UAE, Re [2025] EWHC 892 (Fam) (10 April 2025)

The High Court refused a father's application for the summary return of his son to the UAE, holding that the child's best interests were better served by remaining in England pending fuller welfare decisions.

• Summary return of child
• Habitual residence
• Domestic abuse allegations
• Protective measures
• Jurisdiction (non-hague)
• Welfare principle

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FB v KS

The High Court ordered an 18-month-old child’s return to the Philippines, finding the child’s welfare favoured return despite proved domestic abuse within the parents’ relationship.

• Summary return of child
• Domestic abuse
• Jurisdictional comparison
• Welfare principle
• Parental responsibility
• Child-return

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