The Father v The Mother

Facts

The parties are a married couple who separated in Portugal in July 2023, the family having moved there from England in 2022. Their three sons, A (11), M (9) and C (7), were habitually resident in Portugal, where the local Family and Juvenile Court had approved a 50-50 shared care arrangement and permitted the mother to take the boys on holiday to England. On 20 December 2025 the mother travelled to England with the children for an agreed Christmas visit, but on 28 December 2025 she emailed the father to say that she and the boys would be remaining here. The father, who had not consented, issued an application on 29 December 2025 for their summary return under the Hague Convention on the Civil Aspects of International Child Abduction 1980. It was common ground that the retention was wrongful. The mother opposed return under Article 13(b), contending that she would be destitute in Portugal, could not lawfully work there because her residence permit had lapsed, and had suffered emotional and financial abuse; she also relied on the children's objections. The father denied the allegations and offered protective and "soft landing" measures. A Cafcass wishes and feelings report and a report from a Portuguese immigration law expert were obtained, and the matter came before the High Court for a final hearing.