Rebecca Khan successfully acted pro bono for the respondent Grandmother defending proceedings under the 1980 Hague Convention on International Child Abduction in Re Z (A Child) (Retention from Hong Kong: Child’s Objections) [2026] EWHC 996 (Fam).
The court found in the context of the child’s strong objections, the factors in favour of a return were outweighed by a significant margin by those which militate against a return. The child’s objections are clear, rational and aligned with his welfare, and the Court dismissed the Mother’s application for return.
Welfare considerations: The court held that based upon the experiences which the child described in the Mother’s care it was entirely rational for them to object to returning to Hong Kong and to compel their return at this juncture in the teeth of his objections would be wholly contrary to his interests [35].
Social Services in Contracting States: The rebuttable presumption that children’s services in another contracting state would be just as adept at taking appropriate action as in this jurisdiction, as illustrated in H v O (Art 13(b) and Domestic Abuse) [2025] EWHC 114 (Fam), was considered. The court determined that that the potential for social services to intervene could not adequately protect Z from the risks of harm he would face on a return [44].
