Mark Smith successfully argued that England and Wales retained jurisdiction under Article 7 of the Hague Convention 1996 in a case where the mother had repeatedly frustrated the enforcement of a Polish Hague return order.
The case considered the correct interpretation of a "pending" request for return and applied the principles of settlement from art.12 of the 1980 Hague Convention to art.7(1)(b) of the 1996 Convention.
Mark appeared before Cusworth J in the High Court Family Division. The full judgment is available here: T v H [2025] EWHC 1875 (Fam).
Mark was instructed by Aleksandra Jankowska at IMD Solicitors.
