In a ruling delivered by the High Court of Justice, Family Division on 4 July 2025, Alex Laing, a barrister at Coram Chambers, successfully contributed to a case that centres on child custody rights and international jurisdiction.
The case, F v M (Abduction: Settlement: Grave Risk) [2025] EWHC 1713 (Fam), revolves around the summary return of a three-year-old child, B, to Portugal, following a dispute regarding custody arrangements between the child’s parents.
The father, F, a Portuguese national, sought the return of his child after the mother, M, a British national, wrongfully retained B in the UK, breaching F’s custody rights under the Hague Convention. This retention began during a visit to M’s family on 19 September 2022, which was initially intended to last just a month. However, M decided to extend her stay, leading to this complex legal battle.
Throughout the proceedings, both parties engaged in mediation in an effort to reach an amicable resolution. An initial agreement was forged on 15 October 2024, anticipating B’s return to Portugal as of January 2025. However, M subsequently withdrew from this agreement, prompting her to file for a child arrangement order that would allow for shared custody between the UK and Portugal, which ultimately complicates matters further.
The court’s judgment, delivered by Mr. Nicholas Allen KC (sitting as a Deputy High Court Judge), highlighted the importance of prioritising the child’s best interests, as well as evaluating the various arguments posited by both parties.
In this case, F was represented by Mr. Teertha Gupta KC and Ms. Olivia Gaunt, while M’s team included Ms. Anita Guha KC and Alex Laing. Alex’s contributions to the case shed light on the intricate nuances involved in international custody disputes, particularly those concerning the Hague Convention.
This ruling not only clarifies the legal aspects of child custody rights following wrongful retention but also sets a precedent for future cases involving similar dilemmas in cross-border family law.
Given the complexities involved, the counsel from experienced barristers like Alex Laing proves invaluable in navigating these challenging legal waters.
The High Court’s decision is a significant moment for families facing similar circumstances, reinforcing the critical nature of adhering to international custody agreements designed to protect children’s welfare
You can read the full judgment below or online here.
