Ukraine conflict: Mae Al-Omari acts for mother in a reported 1980 Hague Convention child abduction case

Mae Al-Omari of the children team has represented the respondent mother in a reported 1980 Hague Convention child abduction case.

Mae Al-Omari recently represented a mother in relation to an application by the child’s father for the summary return of the parties’ only child to Ukraine. In this case, both parents and the child are Ukrainian nationals.  The mother and child travelled to the UK following the Russian invasion of Ukraine in 2022 in order to flee the dangers of the conflict. The child was removed from Ukraine initially with the consent of the father, however that consent was later withdrawn. 

A final hearing took place on 10 April 2024 and Mae instructed counsel Mani Basi of 4 Paper Buildings. In his judgment John McKendrick KC sitting as a Deputy Judge of the High Court referred to this as being a "difficult case" which was "well prepared by the solicitor teams". His judgment states: "having considered the evidence as best I can, I conclude that returning N to X Town would place him at low risk of being a civilian casualty or fatality of a Russian air strike on X Town or one that poorly targets the C Facility. In my judgement this amounts to a grave risk of harm."

Before making a final decision, the court now requires further evidence from the parents about the possibility of the child returning to another part of Ukraine. It has now been over two years since the Russian invasion of Ukraine. The law is ever-changing in this area, and clearly there is no ‘one size fits all’ approach when the court is making decisions as to whether to return children to areas experiencing conflict. The case has been reported as it is useful for similar cases, and for the benefit of public interest in Ukraine. 

The judgment is available to read in The National Archives: N (A Child) (Ukraine: Art. 13 (b)), Re - Find case law.