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24th Feb 2025 | Cases
Mehvish Chaudhry, instructed by Hanne & Co, represented the mother in A Mother v A Father & Anor [2024] EWHC 2643 (Fam); a successful application by the mother for the summary return of child to Singapore.
The case concerned a 12-year-old boy, G, who had been habitually resident in Singapore. During a court-sanctioned visit to his father in England, the father retained G beyond the agreed period, leading the mother to seek G’s summary return to Singapore. The father opposed the return, citing concerns about his legal and financial situation in Singapore, including a pending arrest warrant related to debts owed to the mother. G, who has multiple health conditions, expressed fear that his father’s imprisonment upon return would adversely affect him.
The court determined that G’s retention in England was wrongful under Article 3 of the Hague Convention, as it breached the mother’s custody rights under Singaporean law. The father’s defences under Article 13, including claims of the child’s objections and potential grave risk of harm upon return, were dismissed. The court found that G’s expressed fears were primarily related to his father’s potential imprisonment, not to returning to Singapore itself. Return ordered.