Peruvian Court Denied Return of Child to UK
A British father is currently awaiting an appeal decision after a court rejected his request for his son's return.
Updated on Oct. 1, 2026 in Divorce
Following a Hague Convention return application filed in July 2024, a Peruvian court ruled against the father, citing the passage of time since the child arrived in Lima. The boy has remained in Peru since his mother failed to return to the UK in March 2024.
Why it matters
This case highlights the complexities of international custody disputes, where judicial rulings can hinge on the length of a child's stay in a new country. The legal battle underscores the significant obstacles parents face when attempting to recover children under international conventions.
The child, who is 6 years old, was taken to Peru during a trip in March 2024. His father, Asim Hanif, has made 7 individual trips between the UK and Peru to manage the legal process and visitation efforts.
The players
Asim Hanif
He is the father of the 6-year-old child and a resident of West London seeking the return of his son to the UK.
Karen Perales
She is the mother of the child and the individual who traveled with him to Peru in March 2024.
British Embassy in Peru
The diplomatic mission issued a note regarding the ongoing custody case involving the British national.
The details
After the parents divorced in July 2023, the mother traveled with their son to Lima. While a Peruvian court acknowledged that the child was being wrongfully kept, it refused the Hague Convention application due to the time elapsed since the move.
Timeline
Asim Hanif and Karen Perales finalized their divorce in July 2023.
The mother took their son to Lima in March 2024.
Mr. Hanif initiated Hague Convention proceedings in July 2024.
An appeal hearing took place in Lima on September 3, 2026.
A decision on the appeal is expected in October 2026.
Roadmap
The Hague Convention on the Civil Aspects of International Child Abduction remains the primary international legal framework for resolving these jurisdictional disputes. This case illustrates the practical limitations of that framework when courts prioritize the child's established residence over original custody agreements.
Parents navigating international separation must consider the stringent timelines and jurisdictional rules that dictate child residency. Families should be aware that the length of time a child spends in a foreign country can significantly impact their legal ability to return to their home nation.
The takeaway
International child custody cases are often slow and deeply uncertain for all parties involved. Establishing clear legal standing early in separation proceedings is essential for maintaining access and custody rights across borders.
What happens next
A decision regarding the pending appeal is expected to be delivered by the Peruvian court in October 2026.
Further reading
Learn more about the legal complexities of separation in our Divorce section.
Source note: This article includes information reported by Mail Online.
