[2025] EWHC 2219 (Fam)

I acknowledge (as Ms. Kumar emphasised at the conclusion of her submissions at M’s express request) the importance of M’s current support network (which includes her father (with whom she and A live) and sister) and how she fears being isolated on any return to Australia. I acknowledge the particular importance of this given that Dr. Kolkiewicz stated that whether M is in England or Australia “she will need to ensure that she maintains a network of family and friends so that she has emotional and practical support to further reduce the risk of relapse and worsening of her anxiety and depression”. I have taken this fully into account. However, whilst I accept that M’s father in now in his 70s, as recently as May 2023 he flew from the UK to Australia and spent (per F) about three months (and per M about five/six weeks) in Australia and there is no evidence that he is no longer fit enough to travel and/or that he cannot afford to do so. Further M does have some extended family in Australia (her father’s cousins, their children, and one of his aunts) who live in Brisbane, Queensland which (like Melbourne) is on the Eastern side of Australia although M asserts she has only visited them once and currently has no communication or relationship with them. Further, M’s argument that she lacks a support network will be a relevant factor in her application in Australia for relocation back to England if she chooses to so apply.

I also acknowledge (as Ms. Kumar also emphasised at the conclusion of her submissions at M’s express request) the bond that A has with his maternal grandfather and aunt and have taken this fully into account as part of my assessment of the Article 13(b) defence but this does not lead me to reach a different conclusion.

I therefore dismiss the defence raised by M and order a summary return of A to Australia. Such order is to take effect on the later of six weeks after the making of my order or seven days after the registration of the order in the Australian courts.

On 22^nd August 2025 I received a note of proposed corrections to my draft judgment. I am grateful for its preparation. I have accepted both those agreed and those not agreed but (principally in relation to the latter) not necessarily in the exact form suggested.

That is my judgment.