CA-2025-001128 - [2025] EWCA Civ 1119

Conclusion

For the reasons set out above, I have concluded that this appeal must be allowed and the father’s application dismissed on the basis that the mother has established that Article 13(b) applies and there is no justification for exercising the court’s discretion by making a return order.

Lady Justice Asplin:

I agree that this appeal must be allowed and the father’s application dismissed for the reasons set out by Lord Justice Moylan.

Lady Justice Elisabeth Laing:

I also agree.