Family Law · The Family Division of the High Court
G (A Child) (Abduction: Article 13(b): Mental Health), Re
Checked against the judgment on 5 September 2026 · how we verify
Facts
The father, NV, applied on 2 February 2026 under the 1980 Hague Convention for the summary return to Country A of his son G, born in Country A in 2020 and now six years old. The mother, AM, a national of Country A with settled immigration status in Country B, removed G from Country A to this jurisdiction on 6 January 2026 and placed him in school in Country B. At a hearing before Mr S Colton KC, sitting as a Deputy High Court Judge, on 6 February 2026 the mother opposed return and asserted that the father had consented to a relocation. Before Arbuthnot J on 1 May 2026 she withdrew her defences on habitual residence, custody and consent, leaving only Article 13(b), formulated by reference to G's separation from her, the deterioration in her mental and physical health on a return, and her inability to provide practically for G in Country A. At the final hearing on 21 May 2026 an application to instruct a psychologist or psychiatrist jointly was refused, but the mother was permitted to file further witness and medical evidence, and she relied on a report of Dr T D Brow, Clinical Psychiatrist, dated 3 June 2026. The father, who lives in Country C, offered protective measures and said he would relocate to Country A if the mother did not return.
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