F v M

Facts

Both parents were born and brought up in England, met in about 2005 and moved to Spain shortly afterwards, remaining there until they separated in 2023. They have two children: an older girl, A, who is not the subject of these proceedings, and B, a boy aged nine. On separation the children stayed with the mother in Spain with some contact with the father, and over the following two years there were disputes about money and the children. In 2025 the parents agreed within Spanish court proceedings that the children would live with the father and have significant periods of contact with the mother in both Spain and England. In December 2025 the children came to England for Christmas on the basis that they would return to Spain in early February 2026. The mother refused to return either child; when the father came to collect them, A chose to go back with him but the mother would not relinquish B. The father immediately issued these proceedings seeking B's summary return to Spain under Article 12 of the 1980 Hague Convention. A final hearing listed in June was adjourned so that information could be sought from the Spanish authorities about the protection available to B on a return. The mother conceded wrongful retention but relied on Article 13b of the 1980 Hague Convention.