Watkins Solicitors International Family Law Team Helps Secure Child's Return to Brazil in Reported High Court Case

Watkins Solicitors are pleased to share that a recent case handled by our specialist International Family Law team has been published as a reported High Court judgment.

A reported case means that the court’s written judgment has been made publicly available and can be read and referred to by lawyers, courts and members of the public. In cases involving children, the names of the child and family members are anonymised to protect their privacy.

The case, TF v LG [2026] EWHC 1495 (Fam), concerned an application under the 1980 Hague Convention, an international agreement used in child abduction cases where a child has been wrongfully removed to, or retained in another country without the correct agreement or legal authority.

The application was made by the father, who sought the return of his child to Brazil. He was represented by barrister Paul Hepher, who was instructed by Watkins Solicitors.

The case was handled by our International Family Law team, led by Andy Kerese, Associate Solicitor and Head of International Family, with support from Gwen Tan, Trainee Solicitor.

What Happened in the Case?

The case involved an 11-year-old child who had travelled from Brazil to England in June 2025.

The father said the child had come to England for a temporary visit and should have been returned to Brazil at the end of the holiday. The mother said the father had agreed that the child could move to England permanently. Further, the mother argued that the court should exercise its discretion not to return the child to Brazil on the basis that the child objected to her return.

The court therefore had to consider whether the child had been wrongfully retained in England and whether she should be returned to Brazil under the 1980 Hague Convention.

These types of cases are often very difficult for families. They can involve different countries, different legal systems and very different accounts of what was agreed between parents.

What Did the Court Decide?

The court decided that the father had not clearly agreed to the child moving permanently to England.

Although the parents had discussed the possibility of the child living in England, the court found that no final agreement had been reached before the child travelled. The court also determined that the child did not object to being returned to Brazil, merely expressing a preference in this respect. The court went on further to analyse as to whether discretion would be exercised, to not return the child to Brazil, had either of the defences been established. Taking into account the mother’s and the child’s uncertain circumstances in England, the court indicated that even if either or both of the defences had been established, in light of such circumstances, the court would have nonetheless ordered the child’s return.

The High Court therefore ordered the child’s return to Brazil.

Why Is This Case Important?

This case is a helpful reminder of how carefully the court looks at international child abduction disputes.

In cases involving the Hague Convention, the court will often need to look closely at:

• What was agreed between the parents
• Whether a child was travelling for a visit or a permanent move
• Where the child was habitually resident
• Whether the child has been wrongfully retained
• Whether any legal exceptions apply
• Whether a child’s views amount to an objection or a preference

The case also shows why early legal advice is so important. In international children cases, messages, travel documents, court orders, school arrangements and discussions between parents can all become important evidence.

The Hague Convention is designed to ensure that children who have been wrongfully removed or retained are usually returned promptly to the country where they normally live. This allows longer term decisions about their future to be made by the courts in that country.

Andy Kerese, Head of International Family at Watkins Solicitors, said:

“International child abduction cases are incredibly difficult for families. They often involve urgent decisions and parents who may have very different understandings of what was agreed.

This case shows how important it is to have clear evidence and specialist advice at an early stage. The court will look carefully at the reality of the situation, including what was said, what was done and what arrangements were actually in place.

I am pleased that the work of our International Family Law team has been reflected in a reported judgment. Gwen provided excellent support throughout the case, and this was very much a team effort.”

Specialist International Family Law Advice

Watkins Solicitors has a dedicated International Family Law department advising clients across England and Wales on complex family disputes involving more than one country.

Our team advises on:

• International child abduction
• Hague Convention applications
• Wrongful removal and wrongful retention
• Non-Hague Convention cases
• Habitual residence disputes
• International relocation
• Urgent applications to prevent children being taken abroad
• Cases involving children brought to England and Wales from another country

We understand that these cases can be extremely stressful for parents and children. They often require urgent action, careful preparation and a clear understanding of how the Hague Convention applies.

Watkins Solicitors can advise parents seeking the return of a child, as well as parents responding to return applications where there may be concerns about consent, welfare, risk of harm or a child’s objections.

How Watkins Solicitors Can Help

At Watkins Solicitors, our specialist International Family Law team regularly advises parents involved in international child abduction cases, including Hague Convention applications, wrongful removal, wrongful retention and urgent return proceedings.

The department is led by Andy Kerese, Associate Solicitor and Head of International Family at Watkins Solicitors. Andy holds Family Law Advanced Accreditation from The Law Society and has experience advising on complex cases involving children, multiple jurisdictions and urgent cross border family disputes.

Watkins Solicitors are a multi award winning law firm with more than 50 staff across offices in Bristol, Bath and Hereford. The firm has been recognised regionally and nationally for its work across Family Law, Education Law, Conveyancing, Public Law and Legal Aid, reflecting our continued commitment to providing clear, specialist and client focused advice.

We understand that international child abduction cases can be extremely distressing for families, particularly where a child has been taken abroad without agreement or has not been returned after an agreed trip. These cases often require urgent action, careful evidence gathering and a clear understanding of how the Hague Convention applies.

Our team can help you understand your legal position, prepare the necessary evidence, respond to any arguments raised by the other parent and guide you through the court process as quickly and clearly as possible.

If your child has been taken abroad without your consent, has not been returned after an agreed trip, or you are responding to a Hague Convention application, obtaining specialist legal advice at an early stage can be crucial.

For more information about our International Family Law services, please contact Watkins Solicitors on 0117 939 0350 or email info@watkinssolicitors.co.uk.