No: FD24P00469 - [2025] EWHC 799 (Fam)

Prior to the incident at Christmas 2023, the parties had been in discussion about the mother travelling to England with the child for a trip to visit members of the mother’s family who live here. As part of these discussions the mother had raised the possibility of their all relocating to the UK, but this had not been explored in detail. In November 2023 the father agreed in principle to the mother and child travelling to the UK for two or three months, although no formal written consent was given. The mother booked flights for her and the child to travel on 29 February 2024, although no return leg was booked.

The mother sought advice, which she shared with the father, about international travel with the child. Both the mother (and through her) the father were made aware of the 1980 Hague Convention at this time.

Following the incident on Christmas Day 2023 the parents separated and the father moved out of the property that he and the mother were jointly renting. A joint parenting agreement was reached with the mother being the primary carer and the father having the child every other weekend. The father also agreed to pay child support which has been deducted at source from his income.

There were then further discussions between the parents about the forthcoming trip. The father told the mother that he was no longer comfortable with the child travelling to England. The mother reiterated her intention to travel and told the father that if he was unhappy with that he should get legal advice and block the child’s passport. The father made initial inquiries of lawyers in Australia but given the costs involved did not proceed further or issue an application.

By early February the father had ceased to pay his share of the rent on the jointly rented property and, as the mother could not afford to meet the rent on her own, she and the child had to move out of the property. The father had D on 9 February as he was unwell and unable to attend daycare. It was agreed that on 10 February (the father’s statement suggests this was 12 February) the father would drop D off at daycare and the mother would collect him that afternoon. However, after collecting the child the mother flew with him to the UK. The father was unaware of this and had not provided consent to the trip. He first learnt of the trip when the mother emailed him on 14 February 2024, after their arrival in the UK. I deal with the email exchange that took place between the parents that day later in this judgment.

At that stage, the mother was representing to the father that this was to be a trip of a limited duration - some 4 to 6 months. However, at some point her plans changed, and she formed the intention that she and the child would remain in the UK permanently. She returned to Australia to order her affairs in May 2024, and it was at this stage that the father first became aware that she intended the move to the UK to be permanent.

The father submitted his application for a summary return of the child to Australia on 16 July 2024. This was transmitted to the UK Central Authority on 23 August 2024 and proceedings issued on 1 October.

Despite the summary nature of a return application under the 1980 Hague Convention here have been a number of hearings in this case. The matter had been listed for a final hearing before Judd J on 25 February 2025. However, on that occasion the hearing was adjourned following a successful application by the mother for permission to obtain an expert psychiatric report into her mental health. A report was obtained from Dr Una McDermott an expert in psychiatry and psychotherapy and the relisted matter came before me on 1 April 2025.

At this hearing the applicant father was represented by Mr Graham Crosthwaite of counsel and the mother by Mr Jonathan Evans. I am grateful to both counsel for their excellent and detailed written skeleton arguments and their careful oral submissions. Dr McDermott attended this hearing remotely and I gave permission for the parties to cross-examine her about her report. No other oral evidence was received.