A mother has been ordered to return her five children to their father in the United States after the High Court determined she had wrongfully removed them to England without his consent.

The case was heard under the Hague Convention on the Civil Aspects of International Child Abduction, a treaty that ensures children who are taken across international borders without appropriate parental consent are returned to their country of habitual residence.

The couple had lived in the United States throughout their 16-year relationship, which was described as volatile. Following their separation in March 2023, the mother (M), who is originally from the UK, took the children to England in June 2023. The father (F), also with ties to the UK and Ireland, launched proceedings in January 2024 to secure the children’s return, alleging the removal was without his consent.

The court was told that this was not the first time M had taken the children to England without informing F. However, in past instances, he had succeeded in persuading her to return to the US. This time, the mother argued that her departure was with the father’s knowledge and implied consent, citing prior discussions about relocation and his help in obtaining a passport for their youngest child, who was born in March 2023.

M also suggested that F’s alleged offer to buy her a caravan in England further indicated agreement to the move.

However, Sir Andrew McFarlane, President of the Family Division, found M’s evidence inconsistent. He highlighted F’s prompt action following the mother’s departure—including immediate contact with the police and legal steps to secure the children’s return—as strong indicators that there was no genuine consent.

“The mother asserts that the father consented,” Sir Andrew said. “While there is some merit in her evidence, it does not satisfy me that, at the time of departure, the father was consenting to the removal.”

The ruling reiterates the principles of the Hague Convention, which prioritises the swift return of children to their home jurisdiction to avoid prolonged disputes and ensure proper resolution in the correct legal forum.

Sir Andrew underlined the necessity of respecting international legal standards to maintain family stability, especially in cross-border custody disputes.

The case will now progress with the logistical arrangements for the children’s return to the United States.