Martha Gray in D v M & Anor (Art 13(b) Alleged Murder of Parent) [2026] EWHC 731 (Fam)
28th Apr 2026 | Cases
Martha, instructed by Jones Myers, acted for the applicant father in D v M & Anor (Art 13(b) Alleged Murder of Parent) [2026] EWHC 731 (Fam); Hague Convention proceedings concerning the return of a child to the United States.
The respondent’s Article 13(b) defence was founded on allegations that the father had murdered the child’s mother. The court was required to determine how such uniquely grave allegations, arising in the context of ongoing criminal investigations, should be approached within the summary framework of the 1980 Convention.
While the court found the child to be habitually resident in the United States and that the removal was wrongful, it ultimately refused a return, concluding that the Article 13(b) threshold was met on the evidence available.
The case is unusual for the gravity of the allegations underpinning the Article 13(b) defence, requiring the court to address allegations of murder within the summary jurisdiction of the 1980 Convention.
