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England and Wales decisions
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HF, KF and LF (No 2)(Children; Inherent Jurisdiction; Return Order), Re [2026] EWHC 1035 (Fam) (01 May 2026)
The High Court ordered the return of three children from Dubai to England, finding that the father’s wrongful retention had harmed their relationship with their mother.
Care proceedings about an infant’s skull fracture and subdural bleed. The court found non-accidental injury, could not identify a single perpetrator, and made welfare orders.
The court found that, despite some progress, the parents were unable to provide consistent, safe, and adequate care for V due to ongoing deficits in insight, acceptance of past harm, and inability to work with or accept support. The threshold for care and placement orders was met, and adoption was necessary and proportionate to secure V's welfare. Further assessment was not justified given the extensive history and lack of meaningful change. The parents' consent to adoption was dispensed with as required by V's welfare.
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Kent County Council v M & Ors [2026] EWFC 60 (B) (02 March 2026)
The court found no proven historic sexual abuse by the father, but held both parents could not safely meet the child's needs. Care and placement orders were made.
Threshold for significant harm was crossed at the commencement of proceedings due to high cannabis use and poor engagement, but current evidence shows moderated substance use and good parenting; the risk of harm is now low and does not justify removal. Amy’s welfare is best served by remaining with Ella under a 12-month supervision order, with professional support focused on collaboration rather than monitoring.
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The judge did not err in law or approach; she undertook a comparative welfare analysis, properly balanced the risks and benefits of adoption versus placement with the MGM, and was entitled to conclude that a placement order was neither necessary nor proportionate given the evidence. The appeal is dismissed.
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S, Re (Wardship: Removal to Ghana) [2025] EWCA Civ 1011 (29 July 2025)
The Court of Appeal allowed S’s appeal in a wardship case about his removal to Ghana, finding the welfare analysis incomplete and remitting the case for rehearing.
The Court of Appeal allowed a wardship appeal concerning a 14-year-old taken to Ghana, holding that the welfare analysis was flawed and ordering a rehearing.
Kent County Council v M & Ors (Rev1) [2025] EWFC 155 (B) (01 June 2025)
Care proceedings about four children. The court ordered a staged return to the mother over four months, with the boys first, under a 12-month supervision order.
There was no duty on the arbitrator to reconsider the summer holiday division absent agreement between the parties; the arbitrator acted within statutory powers and conducted a welfare analysis; the grounds of challenge had no real prospect of success under either test for permission to appeal.
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