The case concerned the father’s application seeking the return of his children to Nigeria who had been removed to England by the mother without his knowledge and in breach of orders of the Nigerian court.
In his judgment handed down on 25 June 2025, The Honourable Mr Justice McKendrick, having regard to the children’s welfare as his paramount consideration, made a conditional summary return order.
This matter involved the welfare of three children, a boy, aged 8 and twin girls, aged 5. The parties separated in November 2023 when the mother left the former family home in Nigeria with the children and did not inform the father of her whereabouts until February 2024. There are ongoing proceedings in Nigeria. The mother acted in breach of orders of the Nigerian court that she should make the children available for unrestricted contact with their father and reside in Nigeria with the children and not leave the jurisdiction, pending the outcome of the Nigerian proceedings.
The mother acted in breach of the Nigerian orders by removing the children to England in July 2024. The mother made allegations against the father which he emphatically denies. As a result of her actions, the father had not been able to spend unsupervised time with the children since November 2023 and he had no direct contact with his children from March 2024 until the conclusion of the Final Hearing in June 2025 because the mother refused to allow contact and she blocked all communications. The High Court of England and Wales first heard the matter in March 2025 when indirect contact was ordered by way of video messages between the father and the children.
The father was not made aware of the children having been taken to England until he was served with the mother’s applications for a Child Arrangements Order and Prohibited Steps Order in the English family court in December 2024, after which he acted swiftly in responding to her allegations and seeking an order from the High Court for a summary return of his children to their homeland Nigeria.
The parties’ agreed that the courts of England and Wales had jurisdiction to deal with their respective applications, albeit the mother relied on the children having become habitually resident in the UK whereas the father based his case on their physical presence here. He argued that Nigeria remained their home country, and that any disputes should be dealt with in the ongoing proceedings in Nigeria and that it was in their best interests to be returned to Nigeria.
Cafcass duly reported on the children’s welfare and at the final hearing the father was ordered some direct contact with the children via video call and in person for a lunch, before he returned home to Nigeria. Following the Final Hearing on 4 and 5 June 2025, the Court’s decision was handed down on 25 June 2025. The Judge made a conditional return order to ensure orders and undertakings are in place in the Nigerian courts before the children return to Nigeria this summer following the end of their current school term in late July 2025.
DMH Stallard was represented by Alicia Cenizo and Alice Barrett, with Joanne Ecob of 36 Family instructed as counsel.
