[2025] EWHC 2219 (Fam)

This is not a straightforward issue to determine: on the one hand there is force in M’s position that she should be able to determine whether to seek to travel to Australia on the existing visa or a visitor’s visa and an order for return within a short period would prevent her from being able to apply for and obtain the latter. Likewise there is force in F’s position that a further three months delay in what are meant to be summary proceedings is too lengthy (the obligation under the Convention is to order the return “forthwith”) and disproportionate and that an application for a visitor’s visa could trigger consideration of the current visa and therefore risk its cancellation after which an applicant may not apply for a visitor’s visa for another three years (subject to the discretion of the authorities).