Ruth Cabeza in AB v CD [2026] EWHC 1364 (Fam)
9th Jun 2026 | Cases
Ruth Cabeza, instructed by Dawson Cornwell, appeared on behalf of the successful respondent mother in AB v CD [2026] EWHC 1364 (Fam); an application by father for return of children to the USA.
This Hague Convention case concerned a father’s application for the return of two children, aged 11 and 7, from England to the United States following their wrongful removal by the mother in December 2024. The court accepted that the removal was unlawful and recognised the importance of the Convention’s objective of securing the prompt return of abducted children. However, the application was refused on both the children’s objections and grave risk exceptions under Article 13.
The court attached significant weight to the views of the elder child, who strongly opposed returning to the United States, particularly if separated from their primary carer. Expert evidence established that the mother, who had a longstanding history of severe mental health difficulties, would be unable to re-enter the United States and faced a very high risk of psychiatric deterioration and suicide if required to return. The court concluded that returning the children, either with or without the mother, would expose them to an intolerable situation and therefore declined to make a return order.
