Successful Court of Appeal Outcome in Re F (A Child) [2025] EWCA Civ 911 (28 July 2025)

Duncan Lewis Solicitors is pleased to report a significant success in the Court of Appeal, where Family & Child Care Director, Adeeba Naseem and caseworker Sanita Kaur were instructed by the mother in the case of Re F (A Child) [2025] EWCA Civ 911.

The appeal concerned the wrongful retention of a child, F, under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, as scheduled to the Child Abduction and Custody Act 1985.

Case Background

F, a young child, was born and raised in Colombia. After the parents separated, she lived with her mother and had regular contact with her father. In 2024, F travelled to England with her father for a visit of just over three months, agreed between the parents, to spend time with the paternal family.

Due to passport issues, her stay in England was extended. However, when the passports became available (referred to in the judgment as “the relevant date”), the father unilaterally decided not to return F to Colombia, contrary to the parties’ original agreement.

The mother applied under the 1980 Hague Convention for the summary return of F to Colombia, arguing that the father’s actions amounted to wrongful retention.

At first instance, the judge found that while the father had wrongfully retained F, the 1980 Convention did not apply because F was deemed habitually resident in England at the relevant date. The mother’s application was therefore dismissed.

Grounds of Appeal

On behalf of the mother, Adeeba Naseem argued that the judge at first instance had failed to apply the correct legal approach when determining F’s habitual residence. It was submitted that the judge’s conclusion that F was habitually resident in England was wrong because, on a proper analysis of the facts, F’s connections to Colombia remained far stronger and more enduring than her temporary links to England.

Court of Appeal Decision

In allowing the appeal, Lord Justice Moylan emphasised that the determination of habitual residence requires a broad, global analysis of all relevant factors rather than a narrow focus on a child’s degree of integration into a particular country. The court stressed that identifying habitual residence is a fact-sensitive exercise which must consider the child’s overall circumstances, including the duration and reasons for the child’s stay in a particular country, the intentions of the parents, the conditions of the child’s life during that stay, and the child’s family and social connections.

The Court of Appeal found that the first-instance judge had placed too much weight on F’s temporary integration in England and had not properly engaged with her long-standing and deep-rooted ties to Colombia, which was clearly her home. The Court concluded that F was habitually resident in Colombia at the relevant date, and the matter has now been remitted for rehearing to determine whether the father can establish an exception under Article 13(b) of the Hague Convention.

This case serves as an important reminder of the need for courts to undertake a balanced and comparative approach when determining a child’s habitual residence, particularly in international cases involving temporary visits.

The client is represented by Adeeba Naseem and Sanita Kaur of the Family & Child Care team at Duncan Lewis Solicitors. Mark Jarman KC and Jonathan Evans of 4PB were instructed as counsel.

About the Author

Adeeba Naseem is a Director of Family and Child Care at Duncan Lewis Solicitors and is recognised as a Next Generation Partner in the Legal 500 UK directory. She specialises in international and domestic family law matters before the High Court, with a niche expertise in child abduction, surrogacy, and adoption cases. Adeeba regularly handles complex cross-jurisdictional disputes, including cases involving countries outside the Hague Convention framework, and advises on divorce, separation and financial proceedings.

For advice on Family and Childcare matters, contact Adeeba via email at AdeebaN@duncanlewis.com or via telephone on 07920077039.

Duncan Lewis Solicitors

The Family and Child Care department is ranked by The Legal 500 and Chambers and Partners for family and matrimonial work, providing confidential advice with effective representation. Our family team includes solicitors who have achieved the Law Society’s Children Law and Family Law Advanced accreditations providing advocacy in all court proceedings, ensuring our clients receive a consistent and professional service as well as a high degree of continuity.

Find full details of this case on Bailii’s website here.