Alex Laing acts for mother in Hague Convention judgment
Alex Laing of Coram Chambers, led by Rob George KC and instructed by Carolina Marín Pedreño of Dawson Cornwell, acted for the respondent mother in the recent High Court case F v M [2026] EWHC 2371 (Fam). Mrs Justice Judd handed down the judgment.
Summary of the case
The case involved a father’s application for the summary return of his nine-year-old son, B, to Spain under the 1980 Hague Convention.
The mother accepted she had wrongfully retained B in England. However, she relied on the Article 13(b) grave-risk exception, citing longstanding domestic abuse, excessive alcohol and drug misuse, and other concerning behaviour by the father.
The father denied these allegations and emphasised B’s clear wish to return to his father, sister, and friends in Spain.
Court’s decision
Mrs Justice Judd found the mother’s allegations to be detailed and substantial. The court held that the possibility of grave harm could not be discounted. The father’s proposed undertakings and the involvement of the Spanish authorities did not sufficiently mitigate the risk.
As a result, the court refused to order the summary return of B to Spain. The long-term welfare and residence of B will be determined at a full welfare hearing.
Read the full judgment here or below.
