We represented a mother in a case where her 2 year old son was abducted by his father to the UK from 'Country A' which is not a party to the Hague Convention.
The father is a British national, the mother is a citizen of 'Country A'. there was an altercation following which the father had refused to allow the mother to see the child.
Proceedings were started in 'Country A' however, later that year the father unilaterally removed the child to England. He then made an application under the Children Act in the English Court without referring to the full facts of the case.
Although it transpired that the boy is a British National meaning that his removal to the UK was not unlawful, the Judge in the case decided that the removal of the child in such a clandestine manner without the knowledge of the mother was the important factor in deciding what was in the best interests of the child and criticised the father for doing this.
The judge decided on a welfare basis that it was in the child's best interests to return to 'Country A'. Our client, the mother was delighted to be able to welcome her son home.