The article is co-written by Maggie Jones and James Holmes of the Garden Court Chambers Family Law Team for the January 2026 issue of Family Law.
This article explores the complex interaction between international child abduction proceedings brought under the 1980 Hague Convention or the inherent jurisdiction of the High Court and common immigration issues that frequently arise in such cases. With increasing global mobility, asylum applications and immigration status disputes are becoming more prevalent in child return proceedings. The article considers the legal impact of ongoing protection claims, including the principle of non-refoulement and the evolving significance of Supreme Court authority in G v G post-Brexit, particularly in light of recent High Court and appellate decisions.
The article also examines the evidential and procedural challenges caused by uncertain immigration status especially following the UK’s departure from the EU and emphasises the growing need for early identification and where necessary expert immigration evidence. It highlights practical and legal considerations for practitioners such as access to return countries the use of expert opinions and the role of summary determination in Hague cases. The article concludes with a review of relevant guidance and recent case law and stresses the importance of understanding immigration issues.
The full article is published in LexisNexis’ Family Law.
Maggie Jones
Maggie Jones is a very experienced family law practitioner. She acts for parents and children in both public and private law cases. She is well known for her tenacity, for working with both vulnerable and difficult clients, and for dealing with complex and messy cases. Maggie is experienced in dealing with cases where there are difficult immigration issues, often drawing on the expertise of immigration practitioners in Chambers.
James Holmes
James specialises in the following areas: Children’s Law, Court of Protection and International Family Law. James has developed a thriving International Family Law practice, regularly being instructed in cases involving international abduction; the transfer of jurisdictions; permanent and temporary relocation; and recognition of orders from other jurisdictions. He is registered with the Bar Council to accept Public Access work.
