Mark Smith writes for Freemovement, published on 5 October 2026.
In March 2021, the Supreme Court handed down its decision in G v G [2021] UKSC 9. The case considered the potential clash between the Refugee Convention 1951 and the Hague Convention on Child Abduction 1980. But there have been significant developments since then – how applicable is G v G now?
The problem
The situation G v G attempted to address was when a child is abducted into the UK and they, or the abducting parent, make a claim for asylum. The Hague Convention 1980 requires that the child is swiftly returned to the country of their habitual residence, but the Refugee Convention 1951 demands that asylum seekers are not refouled to a country where they are at risk of persecution. What if both Conventions are engaged?
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Mark Smith is a barrister specialising in family, extradition, and immigration matters. He has particular expertise in cases involving cross-border issues and parallel proceedings across multiple jurisdictions.
He is recognised within the Legal 500 for his work in international crime & extradition, immigration and family: Children. Mark is recognised in Chambers & Partners for extradition and immigration. Mark has appeared in the Supreme Court and the Court of Appeal, as well as the High Court Family Division in relation to international family matters and the Administrative Court in extradition proceedings.
