H v E [2023] EWHC 381 (Fam)

Richard Little represented E, a respondent mother, at the final hearing of 1980 Hague Convention proceedings. The mother opposed the father’s application for the return of their two children, X aged 7 and Y, aged 5, to Sweden.

The mother accepted that the children’s habitual residence was in Sweden prior to arriving in the United Kingdom with them and that she wrongfully retained the children without the father’s consent. The mother relied upon the defences of acquiescence and grave risk of harm.

The Court found that both defences were established by the mother. The Court then went on to exercise its discretion so that the father’s application was refused.

H v E [2023] EWHC 381 (Fam) judgment 

Richard Little

Call 2000

17.03.2023