Family Law · The Family Division of the High Court
C (A Child) (Hague Convention 1980: Second application for Summary Return Order), Re
Checked against the judgment on 19 September 2026 · how we verify
Facts
C is a 12 year old British girl whose parents, both British nationals, had lived with her in Portugal. The Portuguese child protection authority, the CPCJ, became involved following the mother's complaint of domestic abuse against the father, alongside concerns about C's school attendance and her exposure to parental hostility. In January 2024 the Portuguese court placed C in residential care, where she remained until December 2024, when the parents were temporarily granted shared custody. C travelled to England for Christmas 2024 and the mother retained her there, prompting the first Convention proceedings. On 21 May 2025 Williams J ordered C's summary return to Portugal, rejecting the mother's defences under Article 13(b) and of C's objections; the mother's application to set that order aside was dismissed on 18 September 2025 and C eventually returned. In April 2026 the mother removed C to England again, this time without the father's knowledge and using an expired passport. On 7 May 2026 the Portuguese court transferred C's residence to the father, and the Portuguese court asked the English Central Authority to secure C's immediate return. The father issued this second application on 26 May 2026 under the Child Abduction and Custody Act 1985; the mother, acting in person, again relied on Article 13(b) and C's objections.
What did the court decide?
Four things on this page are for subscribers:
- The decision: what the court actually held
- The issues: the questions it had to answer
- The reasoning: how it got there, in its own logic
- The case history: every step, court by court
CaseLawDigest reads every judgment published on Find Case Law for England and Wales, files it by practice area, and writes a summary a practitioner can use. One weekly PDF per area, and the full archive here.
One practice area is £19 a month, and the weekly PDF lands in your inbox.
See the plans Or take the free digestOn your firm’s subscription? Set up your access. Already have an account? Sign in.