[2025] EWHC 2961 (Fam)

In outline, the father in response submits through his leading counsel that the child has, in fact, been habitually resident in England and Wales since shortly after first travelling to this country in November 2022 and that therefore there has been no wrongful retention of her by him at any point. In the alternative, if that primary case fails, he submits that, in accordance with Article 13(b) of the Convention, if the child is returned to Japan, there is a grave risk that this would expose her to physical or psychological harm or otherwise place her in an intolerable situation. He seeks rather more elaborate undertakings than those offered by the mother.