Portuguese extradition appeal allowed, saving 5 children from ‘likely’ foster care

Coppel J allowed an appeal on 26 January 2026, finding that extradition would have an exceptionally severe impact on the Article 8 rights of the Appellant's five children, aged 5 to 14.

In Radu v Portugal [2026] 1 WLUK 319, the Court found District Judge Rai had been wrong in her assessment of the children’s best interests which were determinative, notwithstanding that the Appellant was a fugitive sought by Portugal to serve a prison sentence of almost two years for robbery and theft.

The Court agreed with Mary Westcott’s arguments that the District Judge had underestimated the harm caused by separating the children from their primary carer. The DJ had failed to properly examine the proposed care arrangements. In fact, the alternative plans were ‘precarious’ and the children were likely to be placed in foster care if extradition proceeded.

Balancing the competing interests, Coppel J concluded that the public interest in extradition did not justify the exceptionally severe consequences for the children.

Abigail Bright secured permission to appeal at a hearing before Sheldon J in September 2025.

Mary Westcott was instructed by Renata Pinter of Dalton Holmes Gray.