The High Court refused a father’s application for the summary return of his nine-year-old son to Spain, finding that the Article 13(b) grave-risk exception was established despite the child’s clear wish to return to his father and sister in F v M [2026] EWHC 2371 (Fam).
Mrs Justice Judd considered a father’s application under the 1980 Hague Convention for the summary return of his nine-year-old son, B, to Spain. The mother accepted that she had wrongfully retained B in England but relied upon the Article 13(b) exception, alleging longstanding domestic abuse, excessive alcohol and drug misuse and other concerning behaviour by the father. The father denied the allegations and relied upon B’s unequivocal wish to return to Spain, where he missed his father, sister and friends.
Although the court could not determine the truth of the allegations within summary Hague proceedings, it found them sufficiently detailed and substantial that the possibility of grave harm could not confidently be discounted. The father’s proposed undertakings and involvement of the Spanish authorities were insufficient to ameliorate that risk. The court therefore refused summary return, leaving B’s long-term welfare and residence to be determined at a full welfare hearing.
Rob George KC led Alexander Laing of Coram Chambers. They were instructed by Dawson Cornwell for the respondent mother.
