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England and Wales decisions
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The High Court held the children had become habitually resident in Kenya by mid-August 2025, so there was no wrongful retention and the mother’s return application failed.
The High Court refused to order Z’s return to Hong Kong under the Hague Convention, holding that his objections were genuine, rational, and decisive.
A Hague Convention return application failed because the court found no act of retention on 17 February 2025, and the father no longer had rights of custody then.
Z (A Child), Re (Retention from Hong Kong: Child's Objections) [2026] EWHC 996 (Fam) (28 April 2026)
Hague Convention child abduction case in which the court refused to order Z's return to Hong Kong, relying on his objections and maturity.
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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Article 13(b) grave risk exception is not satisfied; the court confidently discounts risk of intolerable situation for C upon return, especially given Ohio Family Court's welfare determination and proposed protective measures. C's objections are noted but carry limited weight due to age, maturity, and influence by mother. Discretion exercised in favour of return, subject to undertakings ensuring 'soft landing' and minimising risk of maternal incarceration or immediate separation.
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The High Court ordered the return of two Romanian children to Romania under the Hague Convention, finding wrongful retention, no proven consent, and no established child objections.
C (A Child), Re (Abduction: Grave Risk: Asylum Claim: Child's Objections) [2025] EWHC 3461 (Fam) (17 December 2025)
The High Court ordered C’s return to Ohio under the Hague Convention, rejecting grave risk and child objections arguments, with return protected by undertakings.
The High Court held that England and Wales retained jurisdiction over three children, finding they had not acquired habitual residence in Dubai or Pakistan.
The child was habitually resident in Japan at the time of the father's pre-emptive retention on or about 18 June 2025. The retention was wrongful under the Hague Convention. The father failed to establish an Article 13(b) defence, as the evidence did not demonstrate grave risk of harm or intolerable situation, and protective measures and undertakings offered by the mother were sufficient. The child should be returned to Japan.
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