Hague Proceedings: Child Abduction Update

Hague Proceedings: Child Abduction Update

Court of Appeal upholds decision in international child abduction case

Senior Associate Solicitor Lucy Roberts of Walker Family Law acted for the father in successfully defending an appeal to the Court of Appeal concerning the return of a child from England to Romania under the Hague Convention.

In Re B (1980 Hague Convention: Article 13(a)/(b)) [2025] EWCA Civ 1603, the Court of Appeal dismissed the mother’s appeal against a first instance decision ordering the return of a two-year-old child from England to Romania. The appeal challenged findings relating to alleged consent and acquiescence (meaning agreement or acceptance), as well as the application of the “grave risk of harm” defence (meaning serious danger to the child).

The Court of Appeal upheld the original judgment, confirming that there had been no clear acquiescence by the father, no agreement reached during negotiations, and no basis for attributing acquiescence to the Romanian court. It further held that, while the allegations raised were serious, the judge was entitled to conclude that effective protective measures safeguarded against any grave risk of harm.

The child’s return was therefore upheld, subject to detailed safeguards and a revised timetable. In practice, this means that the child will return to Romania under strong protective arrangements, ensuring both the child’s safety and that contact with the father can continue as ordered.

Lucy regularly acts in complex international children cases, including Hague Convention proceedings, and this outcome further reflects her expertise in this specialist area of family law.