Judge Revokes Child Return Order Over Children’s Objections
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Serena Sandhu
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Children’s objections: Judge revokes return order in rare move
In a highly unusual move, the High Court has revoked a return order under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, after finding that two brothers continued and determined objections to returning to Ireland made enforcement impossible.
The legal framework
Under the Hague Convention, the court’s primary purpose is to secure the prompt return of wrongfully removed and/or wrongfully retained children from their country of habitual residence. The focus is on restoring the pre-abduction status quo and not conducting a full welfare assessment as in domestic proceedings.
When deciding whether to order a summary return, the court must establish whether the unlawful removal and/or unlawful retention was wrongful and whether the child is habitually resident in the requesting state. The court then may consider limited exceptions to return, including as follows:
- Article 13(b): Grave risk of harm or intolerable situation if the child were returned;
- Article 13: The child’s objections to being returned, where the child has reached an appropriate age and degree of maturity;
- Article 12: Whether more than one year has passed since the abduction and the child is now settled in the new environment; and
- Article 3: Whether the person requesting the return was not actually exercising custody rights at the time of removal.
Further, the Hague Convention, formally known as the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, is a multilateral treaty which aims “to protect children from the harmful effects of wrongful removal and retention across international boundaries by providing a procedure to bring about their prompt return and ensuring the protection of rights of access” (HCCH, Child Abduction Section).
Re AB and CD (Children) (No 3) [2025] EWHC 2508
The case concerned two brothers, aged 15 and 10, who had suffered from neglect whilst living with their mother. Their father was serving a prison sentence and in 2020, the boys were placed in the primary care of their maternal grandfather and his partner in Ireland under a care order made by the English family court.
In July 2023, the care order was discharged, and the grandfather and partner were appointed special guardians (SGs). The following summer, in August 2024, the boys travelled to the north of England to spend time with their mother for a couple of weeks.
The mother failed to return the boys to Ireland and the SGs applied for the summary return of the boys. In December 2024, the SGs successfully secured a return order under the Hague Convention. The Judge made his decision to grant a return order despite the boys’ objections to a return. He accepted that implementing the order might be difficult but concluded that returning to Ireland was in their best welfare interests. He also believed that the boys’ objections had likely been influenced by their mother.
Enforcement difficulties and application to revoke
Following the order, several attempts were made to enforce the boys’ return to Ireland with the assistance of Cafcass, the police, social services and the Tipstaff. Each attempt failed, as the boys refused to leave their mother’s home.
In September 2025, the case returned to court before the same Judge who made the return order. The mother applied to have the return order set aside.
There is a high bar to be reached before the court will agree to revoke a return order; Judges will not be prepared to reverse their decisions without very good reason:
“In rare circumstances, the court might also ‘set aside’ its own order where it has not made an error but where new information comes to light which fundamentally changes the basis on which the order was made. The threshold for the court to set aside its decision is high, and evidence will be required – not just assertions or allegations… [If made under the 1980 Hague Convention] the court might set aside its decision… where there has been a fundamental change in circumstances which undermines the basis on which the order was made.” FPR 2010 Practice Direction 12F.
The mother argued that the boys’ strength of feeling was such that there was no realistic prospect of the order being implemented. Continuing the proceedings, she said, was harming the boys and making it more difficult to rebuild a positive relationship between them and the SGs.
The Judge noted the boys’ “seemingly unshakeable opposition towards the SGs and a return to Ireland”. Given the many unsuccessful attempts to have them returned, the Judge agreed there was no realistic prospect of the order being implemented in the foreseeable future.
This fundamentally changed the basis on which the Judge had made the return order. He therefore set it aside in order to end the proceedings, expressing hope that welfare arrangements for the boys would now be resolved without further litigation.
What does this mean?
Judges give careful consideration to all the circumstances of the case before deciding whether to make a return order. Any challenge to the court’s decision that is no more than an attempt to re-argue the case will not succeed.
But where there is a change of circumstances or new information arise, an applicant may be able to show that upholding an order and continuing proceedings will cause harm to the child concerned.
This case demonstrates that a child’s objections alone may not prevent a return order, but when those objections are strong, sustained, and rooted in genuine distress, they can tip the balance, particularly when enforcement proves impossible in practice.
This case was previously covered in AB and CD (Children) [2024] EWHC 3520, before the return order was revoked. Explore the initial judgment here.
How we can help
At Osbornes Law, we have a team of experienced solicitors accredited in international child abduction matters, representing parents both seeking and opposing the summary return of children, including to Hague and Non-Hague Countries. If this matter affects you and you want to discuss your situation in more detail, then contact our specialist team by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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