![FD25P00086 - [2025] EWHC 2190 (Fam)](https://backend.juristeca.com/files/emisores/logo_0FrGysm.png){kind=logo}
Vikram Sachdeva KC
Vikram Sachdeva KC :
Introduction
This is an application dated 14 April 2025 by the father, F, for summary return of an 11-year-old child, T, to Zimbabwe under the Hague Convention on the Civil Aspects of Child Abduction 1980.
The mother, L, who is the First Respondent, concedes that T was habitually resident in Zimbabwe as of the date of the allegedly wrongful abduction in October 2022 and that the court with primary jurisdiction in respect of T is the Zimbabwe court.
The Second Respondent is a maternal aunt of T. The Third Respondent is the husband of the maternal aunt. The Fourth Respondent is the child, T, acting through his Children’s Guardian, Ms. Callaghan.
The mother opposes return in reliance on the following defences:
Article 3: rights of custody. She asserts that a Zimbabwe court order permitted her to take T out of the jurisdiction, and that F had only access rights, which do not amount to custody rights.
Article 12: settlement. She asserts that T is settled in the environment of the United Kingdom, after over 2 years.
Article 13(a): acquiescence. By his failure to pursue an application for return promptly, F acquiesced in T’s removal.
Article 13(b): grave risk of harm/intolerability. Return to Zimbabwe would expose T to a grave risk of harm/intolerability, because of the threats made to the mother and the fact she will not travel to Zimbabwe.
Article 13(b): child’s objections. T objects to returning to Zimbabwe.
Article 20: protection of human rights.
The father relies on the court’s discretion within the Convention to return the child even if any of the defences succeed.
During the hearing the father also made an ad hoc application for the court to consider an application for summary return under the inherent jurisdiction.
I acknowledge the hard work, care and skill which has been deployed by the mother, counsel, and solicitors over the course of the hearing and in written submissions in the preparation and presentation of their respective cases. I do not intend any disrespect to the parties if I do not address every single point which has been made to me, but I have taken them all into account and what follows is my assessment of the issues important to the disposal of this claim.