When Can a Child’s Objection Stop Return?
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Kesha Pabari
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Child abduction: when will a child’s objections prevent a return order?
Where a child has been wrongfully removed from their country of habitual residence, or retained abroad without the consent of the other parent, the left-behind parent may apply to the court for an order securing the child’s prompt return.
However, a return order is not automatic. The court will consider a number of factors before making its decision, including whether the child objects to being returned. While a child’s wishes can be an important consideration, they will not necessarily determine the outcome. The court will assess the child’s age, maturity and the nature and strength of any objections.
The recent case of TF v LG [2026] EWHC 1495 (Fam) demonstrates this principle. Although the child, aged 11, clearly wished to remain in England with her mother, the High Court nevertheless ordered her return to Brazil.
Child’s objections
In international child abduction cases governed by the 1980 Hague Convention, the court may refuse to order a return where the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of those views.
Importantly, the court must distinguish between a genuine objection to returning and a simple preference about where or with whom the child would rather live.
The background
All parties were Brazilian nationals. The parents separated when their daughter, known as C, was four years old.
In 2020, the mother travelled to England to visit relatives and did not return to Brazil. She remains subject to immigration proceedings in the United Kingdom.
Following the parties’ divorce in 2022, they agreed to share parental responsibility and C continued to live primarily with her father in Brazil. In June 2025, C and her older brother travelled to England to spend time with their mother. They did not return to Brazil as planned.
Approximately two months later, the father commenced proceedings in Brazil and obtained an order requiring C’s return. In February 2026, he applied to the High Court in England under the 1980 Hague Convention on the basis that the mother was wrongfully retaining C in England.
The mother opposed the application, arguing that C objected to returning to Brazil. She also contended that the father had agreed that C would remain in England permanently. The father denied this.
Did the child object to returning?
In considering this defence, the court first examined C’s age and maturity. At 11 years old, she was of sufficient age and maturity for her views to be taken into account.
However, the court concluded that her views did not amount to a true objection to returning to Brazil. While C expressed a clear preference to remain in England, her reasons did not demonstrate the degree of opposition required under Article 13.
The judge found that C’s views were principally driven by her wish to remain with her mother in England, rather than by any significant concern about returning to Brazil. As the court observed, her feelings were “grounded more in her wish to stay here with her mother rather than anything adverse about going back”.
The judge therefore concluded that her wishes lacked the strength and quality necessary to constitute an objection for the purposes of Article 13.
The court also rejected the mother’s argument that the father had consented to, or acquiesced in, C remaining in England.
The decision
The High Court ordered C’s return to Brazil.
The court considered it relevant that the mother had no lawful immigration status in the United Kingdom and that C’s position was dependent upon hers. Overall, the judge concluded that a return order was appropriate and that none of the available exceptions under the Hague Convention had been established.
How we can help
Our specialist international child abduction team at Osbornes Law has extensive experience of Hague Convention proceedings, return applications and cross-border children disputes. We provide prompt, strategic advice to parents facing urgent international child abduction issues and can guide you through every stage of the process.
If you require advice regarding an international child abduction matter, please contact our specialist team by:
- filling in our online enquiry form; or
- calling us on 020 7485 8811
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