Emily Rayner and Fazeela Ishmael in N v A [2026] EWHC 792 (Fam)
3rd Jul 2026 | Cases
Fazeela Ishmael, instructed by Charles Strachan Solicitors, acted for the Applicant father and Emily Rayner, instructed by MSB Solicitors acted for the Respondent mother, in N v A [2026] EWHC 792 (Fam). This was an application under the 1980 Hague Convention for the summary return of two young children from the United Kingdom to the Republic of Ireland.
The father argued that the children were habitually resident in Ireland at the time when the mother wrongfully retained them in the United Kingdom, having unilaterally decided not to return. The mother opposed a return order on the basis of habitual residence in the United Kingdom, Article 13(a) consent/acquiescence, and Article 13(b) contending there was a grave risk that a return would expose the children to physical or psychological harm, or otherwise place them in an intolerable situation. Following oral evidence, the mother conceded that the father had not given consent to the children moving to England before they left Ireland but continued to argue he had acquiesced.
Mrs Justice Judd found that the children were habitually resident in Ireland and also rejected the mother’s case on acquiescence, concluding that the father had clearly not accepted the children’s permanent relocation. However, the court upheld the mother’s Article 13(b) defence. Her detailed allegations of coercive, controlling and abusive behaviour, if true, gave rise to a grave risk of psychological harm to the children. The protective measures proposed were insufficient, particularly given the father’s refusal to vacate the family home and the uncertainty of alternative accommodation. The father’s application for summary return was dismissed.
