Court of Appeal Weighs Parental Refusal to Return in Hague Child Abduction Case

R (Child Abduction: Parent’s Refusal to Accompany) [2024] EWCA Civ 1296

Avaia Williams, a first six pupil under the supervision of Sara Anning and Rebecca Musgrove, summarises the recent Court of Appeal Judgment in R (Child Abduction: Parent’s Refusal to Accompany) [2024] EWCA Civ 1296 for Family Law Week.

This recent Court of Appeal decision addresses the complexities of the 1980 Hague Convention on child abduction, focusing on Article 13(b) and the implications where a parent refuses to return with the child to the country of habitual residence. In this case, the mother, a British national, brought her children to England after the breakdown of her marriage to their Algerian father in France. While the father initially accepted this arrangement, he later sought a summary return under the Hague Convention. The mother opposed the application, claiming that returning the children to France without her would place them at a “grave risk” of harm.

In its judgment, the Court of Appeal, led by Lord Justice Peter Jackson, upheld the decision of the first instance court despite a misdirection on the law, although it noted that assertions of non-return must be carefully scrutinised. The Court observed that a summary assessment of a parent’s intention not to return should be robust and evidence-based, taking into account the welfare of the child as well as the integrity of the Convention.

This case serves as a reminder to practitioners of the importance of detailed evidence when presenting claims under Article 13(b). Courts are encouraged to assess assertions critically while ensuring that Article 13(b) remains available for genuine cases where a child’s welfare is at serious risk.

The full summary on Family Law Week can be found here.

The full Judgment can be found here.