DC v SSHD (Child Abduction/Hague Convention/ Inherent Jurisdiction/ Article 6)

Andréa Awoniyi drafted submissions in complex family & immigration case, resulting in successful appeal.

Andréa was instructed to draft written submissions on behalf of the Appellant responding to three questions posed by  First-Tier Tribunal Swaney, namely about the habitual residence of the child, third-country returns and the impact of deportation on ongoing family law proceedings:

Whether, as a matter of law, an order could be made pursuant to the Hague Convention for the return of the appellant’s daughter to Republic of Cyprus rather than the United Kingdom if, at the time of the order, the appellant is habitually resident in the Republic of Cyprus?

If not, is this because the making of an order is dependent on the country of habitual residence of the child (prior to the unlawful removal) rather than the applicant parent?

If such an order is possible, as a matter of procedure, would the appellant be able to seek a variation of his pending application (i.e. to amend his country of residence and the place to which he seeks the return of his daughter), or would he need to make an entirely new application? 

Andréa drafted submissions which argued, in short, that the Appellant's deportation would disproportionately interfere with his ongoing family law proceedings under both the Hague Convention and Children Act 1989. She also invited the Tribunal to find that, if the Mother had not wrongfully removed the child from the jurisdiction, the Appellant would be enjoying a private and family life in the UK with his child, who continues to be habitually resident in the UK. 

The Appellant was represented in the substantive appeal by Kim Renfrew of counsel (Justitia Chambers), who successfully persuaded the Tribunal to allow the appeal on several grounds.

First-Tier Tribunal Judge Swaney, in her written decision promulgated on 24 March 2025, adopted Andréa’s submissions and held that: "there is a real risk that the appellant will not be able to participate in the Hague Convention proceedings and/or proceedings in the Family Court in the United Kingdom effectively or at all if he is removed from the United Kingdom. This is a factor to which I attach significant weight." She also accepted that the child is habitually resident in the UK.

DC v SSHD (Child Abduction/Hague Convention/ Inherent Jurisdiction/ Article 6) judgment.

25th Mar 2025

Andréa Awoniyi

Call 2018