Ruth Cabeza in Father v Mother & Anor [2024] EWHC 3332 (Fam)
20th Mar 2025 | Cases
Ruth Cabeza was instructed by Bindmans for the Second Respondent Child, acting by his Children’s Guardian in Father v Mother & Anor [2024] EWHC 3332 (Fam); a complex international child contact dispute following a defended abduction.
The parents had a brief marriage that ended before C’s birth. Following their separation, Father obtained a sole custody order in the U.S., but Mother took C to England without Father’s consent when C was two years old, he is now seven.
Father applied under the Hague Convention for C’s return to the U.S., but Mother successfully defended the application under Article 13(b), arguing that returning C would expose him to a grave risk of harm. C was diagnosed with autism, which significantly influenced the court’s considerations regarding contact arrangements. After the Hague proceedings, Father sought a Child Arrangements Order for contact with C, including visits to the U.S. Mother opposed this, citing concerns about C’s well-being and the potential for abduction.
The court found that both parents were capable of caring for C. The court approved a phased approach to contact, starting with regular video calls, followed by short visits in the UK, and eventually longer visits to the U.S., contingent upon both parents’ cooperation and C’s comfort.
To address concerns about potential abduction, the court implemented protective measures, including holding C’s passports, requiring Father to lodge a financial bond, and establishing clear protocols for travel and communication.
