Landmark Ruling Highlights How Courts Handle Non-Hague Convention Cases

In a significant ruling handed down by the Court of Appeal, the legal concept of “habitual residence” has been affirmed as a relevant factor in determining the return of children abducted from non-Hague Convention countries.

The case, Re O (Summary Return: Non-Convention Country) [2025] EWCA Civ 660, involved two children taken from Nigeria to England by their mother without the father’s knowledge. The father, represented by Carmel Brown, Partner at Irwin Mitchell, and Will Tyler KC of 36 Family, successfully argued for their return under the inherent jurisdiction of the High Court.

The Court of Appeal upheld the original judge’s decision to return the children to Nigeria on the basis that was in their best interests, despite finding that the judge at first instance incorrectly focussed on the children's habitual residence. The judgment provides important clarification on how courts should approach child abduction cases involving countries that are not signatories to the 1980 Hague Convention.

“This is an important judgment, which clarifies the sometimes confusing distinction between the approaches the courts must apply in Hague as opposed to non-Hague return applications,” said Will Tyler KC. “It is also a great result for our client, the father, whose children’s best interests have been recognised by both the High Court and the Court of Appeal.”

Expert Opinion

“It has been an understandably difficult time for my client, but I am very pleased the outcome arrived at by the Judge at first instance has been upheld and recognised as being the right decision in the best interests of these two small children.” Carmel Brown, Family partner at Irwin Mitchell 

This ruling comes at a time when child abduction cases in the UK are steadily increasing.

According to the Office for National Statistics, there were 960 recorded cases between April 2020 and March 2021, rising to 1,010 in the following year, 1,111 in 2022–23, and 1,127 in the most recent reporting period from April 2023 to March 2024. While these figures include both domestic and international incidents, they underscore the growing importance of clear legal frameworks for resolving complex cross-border disputes.

The ruling is expected to influence future cases involving international parental child abduction from non-Hague countries, reminding practitioners that applications for summary return to a non-Convention State should be resolved swiftly and realistically, focusing on the welfare of the children under the court's inherent jurisdiction. Whilst Judges may consider the "degree of connection" with each country, they should not apply the Hague Convention principles of habitual residence or wrongful removal.

Furter details about the case can be found here.