Child Abduction: Return Ordered Despite Children’s Objections
Contact
Serena Sandhu
Table of Contents
Court orders return of children despite their objections
The international family law team at Osbornes Law advises and represents parents where a child has been removed to another jurisdiction.
In international child abduction cases, the court may face the difficult task of balancing a child’s objections to being sent back, with the welfare needs of ordering a return.
The judge in this case noted the well-established policy consideration behind the important Hague Child Abduction Convention 1980 – that generally, it only works if children who have been wrongfully retained or removed from their own country are returned promptly.
What’s the background?
The two children in AB and CD (Children) [2024] EWHC 3520 were 14 and 9, and had lived with the maternal grandfather and his partner in Ireland under a 2020 care order from the family court in England.
It followed a history of maternal neglect and other serious safeguarding concerns, which had led to three sets of care proceedings over the years concerning the boys. The older boy had experienced multiple foster placements.
In July 2023, the court discharged the care order and made a new order appointing the grandfather and his partner as the children’s special guardians (SGs), despite the mother’s concerns about their parenting style.
With the court’s permission, the SGs took the boys in August 2024 to stay with their mother and a half-sibling in North East England. However, the mother failed to return them to Ireland on the date planned; then applied to court for the SG order to be discharged and for a ‘live with’ order in her favour. (The father was in prison and not involved in the case.)
The SGs sought a return order under the Hague Convention. The mother did not dispute the fact that she was wrong not to return the boys, but defended her decision under Article 13(b) (Child objections) and Article 13 (Harm/intolerable situation).
Article 13
She claimed that there was a grave risk that a return to Ireland would expose the boys to physical or psychological harm or otherwise place them in an intolerable situation (for example, through neglect and a harsh parenting). The SGs rejected her claims.
However, the boys both said the SGs would shout at them and force them to do chores at home in Ireland; and both expressed a wish to remain in England. Their negative experiences were supported by the CAFCASS report.
Even so, the judge found that the allegations fell short of the ‘grave risk of harm’ that would engage Article 13. He said implementing a return order may be difficult for the boys but all the adults involved in the children’s lives would be expected to behave responsibly and “do their level best” to support the boys in their return to Ireland.
It was noted that the boys had been thriving at school; and the SGs had offered a commitment to engage with the Child and Family Agency in Ireland.
Article 13(b)
As for the boys’ objections to returning to Ireland, it was the judge’s view that they had been influenced in some way as this was a sea-change from what the boys had said before the July 2023 hearing (when they were very happy living the SGs). The family court had then decided that the welfare considerations pointed “unswervingly” towards the boys remaining in Ireland.
Here, the judge concluded that if the boys’ present objections were followed, there may be a short term benefit, but it would also mean them living in a home which would not meet their long-term emotional needs.
But while a return to Ireland may mean some short term disruption, the boys would be returning to the home where they have lived for four years before their wrongful retention. And as the court clearly concluded the previous summer, this home offered the much better prospect of meeting their emotional needs.
A return order was made and a plan implemented for the best time for the boys to return to Ireland.
What does this mean?
There are few winners in these types of case. There may be merits in each of the party’s representations, but ultimately the court has to decide on balance the outcome that is in the best welfare interests of the child.
How can we help?
This case highlights the complexity and emotional weight of international child abduction proceedings. At Osbornes Law, our specialist child solicitors are highly experienced in navigating these sensitive cases. Our team provides clear, compassionate advice and robust representation to ensure that children’s welfare remains at the heart of every decision.
For urgent advice and support from experienced child abduction solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Share this article
“Osbornes has incredible strength in depth across every area of family law, from public law children and child abduction proceedings, through to adoption and surrogacy, and private client work”
“Osbornes is a power house of a family firm. They are robust but realistic and client focused.”
Contact us today
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
Osbornes has a culture of dedication to clients and hard work.
Osbornes do some really complex work. The team is very solutions-focused, know the law and know when to take a firm line.
Osbornes' solicitors know what their client needs on each day as it’s an emotional and difficult journey. They are always there, 24/7.
Maria takes a child-focused approach to cases. She is good at grasping how a child might feel in a situation and this makes her stand out as excellent in her field.
Jonathan is thorough, intelligent, hard-working and committed. He knows the law very well and is committed to the rights of children.
Bridget has a phenomenal reputation, is a very good lawyer and one of the stars in children work.
Osbornes offers a high level of client care and manages client expectations realistically.
They have a strong team, are heavyweights in this space and are very well respected in the courts.
Simone McGrath is an excellent international children lawyer.
Osbornes handle a significant amount of complex, high-value divorce work.
Osbornes have talented fee-earners at all levels.
Osbornes is a top-end firm, a very well-established name. They have high-value matters, deal with complex matters and have a good team.
I have found the team at Osbornes works very well together to diligently produce a quality end result. Client service has been excellent and I feel like I am in safe hands.
I consider them a go-to for conciliatory work on the children side.
Osbornes is a power house of a family firm. They are robust but realistic and client focused.
Osbornes has lawyers with excellent experience.
Osbornes is a hugely impressive firm that offers strength and depth to its clients.
Bridget Thompson handles child inclusive mediations.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Simone McGrath has an incredible knowledge of international cases. She has been involved in many leading cases and is a go-to lawyer in the field.
The family law team at Osbornes is one of the strongest in London.
Maria Kitsiou heads up the domestic children offering.
Lauren Hall leads the international children team.
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
A market leader across public law, international cases, financial and children work.
"Osbornes handle a significant amount of complex, high-value divorce work."
"Osbornes have talented fee earners at all levels."
"Osbornes is a top-end firm, a very well-established name. They have high-value matters, deal with complex matters and have a good team."
"Lisa Pepper is a standout mediator - smart, sensitive and able to narrow the issues with ease."
"Lisa is good at cutting to the chase and identifying issues. She gets people talking and brings people together."
"Lisa is excellent - she's efficient, has a very good rapport with her clients and has an enormously outgoing energy. She is very effective in managing clients' cases."
The team is experienced in handling matters where there are allegations of abuse and non-accidental injury, as well as situations where children's welfare is at risk due to parents' substance misuse or mental health issues.
The lawyers at Osbornes are very well established and have a lot of experience between them, which gives them a lot of confidence and a willingness to think out of the box.
Their client care is really impressive and they have such breadth of experience
Osbornes is vastly experienced and able to think around the issues and consider them in a new and refreshing way
Osbornes is a really good team that gives a first-class service which is both sensible and insightful but also supportive of the client's needs.
Osbornes Law offers affluent clients representation in high-value, complex family matters.
In a long standing issue with my ex and our child, Lisa and her team have always given me advice that has been first class. Lisa has a deep knowledge of how the courts work and which arguments will work and which will not and will advice exactly what to do and when.
My solicitor Jon Jonas came across as a genuine, very skilled solicitor who demonstrated great insights and experience in complex child arrangement cases. He has been able to create and implement an effective strategy to deal with extremely toxic matters.
Bridget Thompson is a public law specialist noted for her extensive children public law practice.
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
The Osbornes mediation team is excellent and has some good individuals.
"Bridget Thompson combines her excellent legal knowledge with a clear, succinct and robust style of advice and advocacy. Her approach clearly inspires a high degree of client confidence in her"
"She is excellent. She's very reliable, talks about her cases passionately and is very committed to her clients."
"I consider the firm to be very experienced in child care cases and to provide a very professional and high standard of work"
Bridget Thompson is a public law specialist noted for her extensive practice in matters involving alternative families and adoption. An interviewee observes: "She's a fighter, she's clever, and she understands all aspects of a case."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Simone is absolutely on top of the game. She has great attention to detail, and has her clients' needs at heart."
"Bridget is client-focused, a pleasure to work with and incredibly supportive to her clients."
Bridget Thompson heads the family team, where client care is the top priority.
Simone McGrath is a highly knowledgeable practitioner with a focus on international child abduction matters. She has a large expertise in public and private law.
Simone McGrath handles international child abduction cases and challenging care proceedings relating to non-accidental injuries.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
Osbornes fields a sizeable team with many standout lawyers.
This team is perhaps best known for its children work, often involving complex international dynamics.
Naomi Angell leads the market in cross-border children law matters. Sources confirm that she is "at the cutting edge of changing law and policy" when it comes to international adoption
Related InsightsVIEW ALL
17.2.2025Domestic Violence: Restricting Parental Responsibility
Domestic violence, coercive control and restricting parental responsibility Parental responsibility (PR) is an inherent legal right for most birth parents,...
Read more
16.1.2025The Importance Of An Older Child’s Feelings...
The importance of an older child’s feelings and wishes when making a final order When decisions are made concerning...
Read more- 17.12.2024
Domestic Abuse Allegations: Unsupervised Contact Controversy
Unsupervised Contact Was Premature When Domestic Abuse Alleged Unsupervised contact is not appropriate where a child is considered to be...
Read more - 16.12.2024
Vulnerable Clients: Female Psychologist Appointed
Court Allows Female Expert for Abuse Victim in Family Case Many of our family clients are highly vulnerable, and sensitivity...
Read more - 27.9.2024
Navigating Divorce, Child Arrangements, and the Jewish Festivals:...
A Jewish divorce presents unique challenges, especially regarding child arrangements and upcoming festivals. Balancing differing levels of religious observance can...
Read more 
17.9.2024High Court Returns Abducted Children from UK to...
Children abducted from Austria and smuggled to UK on small boat by father returned to Austria by the High Court...
Read more- 5.8.2024
Why Did Lauryn Goodman Take Kyle Walker to...
Introduction to the case After a judge took the unusual step of making his judgement public, we’re starting to...
Read more 
11.7.2024Unmarried With Children and Splitting Up
Unmarried with Children? What are your Financial Rights? Know Your Financial Rights Under Schedule One Children Act 1989 A claim under...
Read more- 17.6.2024
What is Early Neutral Evaluation?
Early Neutral Evaluation (ENE) is a form of Non-Court Dispute Resolution where the separated couple invites a neutral third party...
Read more - 4.6.2024
What is Parallel Parenting? Examples, rules, and why...
Parallel parenting is a practical solution for families experiencing ongoing conflict who find traditional co-parenting unworkable. In this article, we...
Read more 
3.6.2024Co-Parenting with a Narcissist
Can you co-parent with a narcissist? Co-parenting with a narcissist ex can be daunting, but it’s possible with the...
Read more- 29.5.2024
Co-Parenting Agreements
Is co-parenting right for us? There is no single approach to parenting your children after a divorce or separation. How...
Read more - 15.5.2024
Can a Mother Stop a Father from Seeing...
Can my ex stop me from seeing my child? There is a common misconception that mothers have more rights than...
Read more 
14.12.2023Parental alienation: A legal overview
Sometimes, a child may turn against one of their parents due to the other parent’s manipulation or influence. This...
Read more- 16.8.2023
Child Maintenance for High Earners
How much should be paid? When separating or divorcing parents cannot agree the amount of child maintenance to be paid, (...
Read more - 25.7.2023
Parental Conduct and Child Arrangements
The Role of Family Dynamics in Child Arrangement Cases In proceedings involving children, the parents should consider the impact their...
Read more - 22.3.2023
What is Parental Responsibility?
Understanding Parental Responsibility Parental responsibility is the legal term used to describe parents’ duties and responsibilities for their children. These...
Read more - 18.1.2022
6 cases that shape a private children dispute
Family disputes involving children can be particularly emotive, which is why our expert children lawyers work tirelessly to understand how...
Read more 
8.12.2021Do I need permission to take a child...
The Importance of Getting Permission Before Taking a Child Abroad Taking a child abroad requires more than just booking flights...
Read more- 10.8.2021
Child Maintenance: When is capital, income?
Reading a recent case from the Child Maintenance Tribunal, I considered it worth flagging up that the Child Maintenance Rules...
Read more - 11.3.2021
Financial responsibilities of father on divorce
What are the financial responsibilities of a father for a child? The period drama Bridgerton, the runaway success of the...
Read more - 13.8.2019
Child Arrangements at Christmas
The Christmas period can be a hectic and stressful time for all parents, but for separated parents, it can be...
Read more - 4.4.2019
Parenting Plans
Do I need a parenting plan? A parenting plan can be highly beneficial for families that share parenting responsibilities. It...
Read more 
2.1.2018How To Tell Children About Divorce
How to tell kids about divorce The rise in divorce globally has turned the attention of academics and researchers towards...
Read more
