A father’s application to secure the return of his 10-year-old child to Turkey under the 1980 Hague Convention has been rejected by the High Court after it found that a return would expose the child to a grave risk of harm and an intolerable situation.

The application followed the mother’s removal of the child to England. It was accepted that Turkey was the child’s state of habitual residence and that the removal was wrongful. As less than a year had passed since the removal, the court was required to order the child’s immediate return unless one of the Convention’s exceptions applied.
This was the court’s third judgment in the proceedings. A return order had previously been made but was later set aside after the mother made clear that she would not return to Turkey, even if that meant the child returning alone. The case was therefore re-heard.

The only defence pursued by the mother was that returning the child would expose her to a grave risk of physical or psychological harm or place her in an intolerable situation. The court assessed the risks cumulatively.

The judge said there was nothing in the updated evidence to displace the court’s earlier conclusion that allegations of domestic abuse were of sufficient detail and substance to give rise to a grave risk of harm. Significant weight was also placed on the mother’s refusal to return to Turkey, which the court found to be genuine rather than tactical, and on the likely separation of the child from her primary carer if a return were ordered.

Further risks were identified. Expert evidence raised a realistic possibility that the mother could face arrest and criminal prosecution for child abduction if she returned to Turkey, with the prospect of imprisonment. The court also found uncertainty around the mother’s immigration status, noting that she could not assume she would be permitted to remain in Turkey for the duration of potentially lengthy custody and divorce proceedings.

The court considered whether protective measures could adequately address the risks. The father offered a range of undertakings, including not pursuing criminal proceedings, vacating the family home and providing financial support. However, expert evidence on Turkish law led the court to conclude that the undertakings were unlikely to be reliably effective or enforceable, and that some risks lay outside the father’s control.

Taking the position as a whole, the court found that the defence was established and declined to exercise its discretion to order a return. The judge concluded that returning the child would expose her to a grave risk of harm and would be contrary to her welfare.

The father’s application for a return order was therefore refused.

Please contact us if you would like more information about the issues raised in this article or any aspect of family law.

Source:

Case: Re Z (Abduction: Re-hearing After Set Aside)
Neutral citation: [2025] EWHC 3564 (Fam)
Court: High Court (Family Division)
Judge: Ms Justice Harris