Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered.

Grave Risk - Art. 13(1)(b) | Undertakings

Return refused

Return refused. 

Habitual Residence - Art. 3

Appeal allowed, return ordered

Appeal allowed, return ordered. 

Removal and Retention - Arts 3 and 12 | Habitual Residence - Art. 3

Application dismissed

Application dismissed. The child’s habitual residence was in the UK and so the retention was not wrongful.

Note that this decision was subsequently overturned on appeal in Re F (A Child) (Habitual Residence) [2025] EWCA Civ 911, INCADAT Case Number: 1619.

Non-Convention Issues | Best Interests of the Child

Appeal dismissed, return ordered

Consent - Art. 13(1)(a) | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Best Interests of the Child

Return refused

Grave Risk - Art. 13(1)(b) | Procedural Matters

Return refused

There had been a fundamental change of circumstances as the mother was no longer willing to return to Poland. The judge set aside the initial ruling and refused the application for return based on the Article 13(1)(b) exception.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Appeal dismissed, return refused

Appeal dismissed.

Settlement of the Child - Art. 12(2)

Case remitted to lower court

The case was remanded to the district court to determine whether, in the exercise of its equitable discretion, a return to Brazil is still appropriate despite the child’s "settled" status.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Undertakings

Return ordered

The court held that the exceptions under Article 13 of the 1980 Convention did not apply in this case and ordered the return of the children to Israel.