Family Law Case Search in London

KRM v VWT

20th November 2025

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A High Court decision concerning a father’s application for the summary return of three children (aged 6, 3 and 2) to Australia pursuant to the 1980 Hague Convention, following their wrongful retention in England. The mother opposed the return on the basis of grave risk of harm under Article 13(b). The father also sought an order under the inherent jurisdiction, requiring the youngest child (6 months old, and born in England after the retention of her siblings) to be summarily returned to Australia so that the Australian courts could conduct a full welfare assessment of her best interests alongside those of the elder children.

Christopher Hames KC, leading Harry Langford (instructed by Philcox Gray Solicitors), appeared for the Applicant Father.

Ruth Kirby KC, leading Clarissa Wigoder (instructed by McAlister Family Law), appeared for the Respondent Mother.

The case raised two interesting points of law: first, whether the inherent jurisdiction can be used to order the summary “return” of a child born and habitually resident in England to a country they have never been to; and secondly, whether the court retains jurisdiction to make orders for contact pending execution of a return order made pursuant to the 1980 Hague Convention.

Read the judgment here.

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