FD25P00286 - [2025] EWHC 2175 (Fam)

The application before the court dated 22 May 2025 is for the summary return of a child, Q, now aged 15 months, to Portugal pursuant to the Child Abduction and Custody Act 1985 (incorporating by Schedule 1, the 1980 Hague Convention on the Civil Aspects of International Child Abduction on the Civil Aspects of International Child Abduction (“the 1980 Hague Convention”). The applicant is the child’s father. The respondent is the child’s mother, who opposes the application.

I have been provided with a bundle and two helpful skeleton arguments. Both parties attended in person. Protective measures were put in place with a screen separating the parties. There was no oral evidence.

The applicant is represented by Ms Grieve. The respondent is represented by Ms Baker. I am grateful to both.

Directions hearings were heard by Peel J and Nicholas Allen KC sitting as a Deputy High Court Judge. DHCJ Allen’s order provided that the mother produce a statement, but did not oblige the father to respond in written form to the mother’s statement. The parties were to set out the protective measures they offered, or sought, in the event of a return.

The mother’s defence to the application is Art 13 (b) of the 1980 Hague Convention. She argues that a return order would expose Q to a grave risk of physical or psychological harm or otherwise place her in an intolerable situation. On that issue I have been asked to consider a range of possible protective measures.