Anita Guha KC acted for the Respondent mother in Hague abduction proceedings heard before Mr Justice Macdonald in the reported case of H v O (Art 13(b) and Domestic Abuse) [2025] EWHC 114 (Fam).

The judgment describes the case as having a number of complicating features revolving around the interplay between the Hague summary proceedings and parallel immigration proceedings, and the fact that it was asserted that the European country that the mother and children had fled from to the UK is a safe third country. The Secretary of State intervened in the proceedings and argued that there was no impediment to the court making a return order.

Anita Guha KC led Naima Asif in the proceedings instructed by Stephensons LLP in pursuing a successful Article 13b defence to defeat the application for summary return.

The court provided a salutary reminder that there is no rule that allegations of domestic violence and coercive control cannot found a successful Article 13b defence.

You can read the judgment here.


Share:

Related practice areas

For help or advice please call +44 (0)20 7242 3555 or complete 
the form below

A member of the Clerking team will help you resolve your request.

  • This field is for validation purposes and should be left unchanged.

Frequently asked questions

Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.

As a direct access client, please visit our direct access page and complete the initial form, a member of the clerking team will then be in touch to discuss the next steps.

Choosing the right barrister for your case can be difficult, with so many to choose from. Our clerks will be happy to guide you with your choice. Their wealth of knowledge and experience will help you decide the right barrister not just for the case but someone who will work with you.

Some barristers have the ability to “conduct litigation” for direct access clients. Our clerks will be able to assist you as to which of our members are trained and accredited to do so.

Please visit our direct access page for the initial steps on instructing a barrister, or contact our clerks on +44 (0)20 7242 3555.

Search

Shortlist Builder

Close

Select the legal expertise that you would like to download or add to the shortlist

Download Add to shortlist
Shortlist close
Title CV Email

Remove All

Download


Legal Expertise

7BR is a leading set with barristers providing expertise and assistance to clients across a broad spectrum of practice areas.