Search Results for: Child Abduction and Custody Act 1985 12

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In Re S (A Minor) (Abduction: European Convention): HL 30 Jul 1997

An illegitimate child’s habitual country of residence is determined at the date of death of his mother when he was to be removed following the death. Where the mother of an illegitimate child who is resident in England dies and the grandmother takes the child to Ireland, the child remains resident in England. Judges: Lord … Continue reading In Re S (A Minor) (Abduction: European Convention): HL 30 Jul 1997

Re M (Children): CA 12 Sep 2007

Citations: [2007] EWCA Civ 992 Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction, Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Citing: Appeal from – MM v VM (Also VRM) FD 26-Jul-2007 . . Cited by: Appeal from – Re M and another (Children) (Abduction; Rights of Custody) … Continue reading Re M (Children): CA 12 Sep 2007

Re G (A Child : Child Abduction): CA 15 Sep 2020

Judges: Hickinbottom, Moylan, Peter Jackson LJJ Citations: [2020] EWCA Civ 1185, [2020] WLR(D) 505 Links: Bailii, WLRD Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Cited by: Appeal from – G v G SC 19-Mar-2021 This appeal concerns the relationship of the 1980 Hague Convention (the ‘1980 HC’) to asylum law. The … Continue reading Re G (A Child : Child Abduction): CA 15 Sep 2020

In Re H (Minors) (Abduction: Custody Rights): HL 1991

The House addressed the question whether wrongful removal and wrongful retention were mutually exclusive concepts. The issue arose in the context of the commencement date for the 1985 Act as between the two States involved. Held: For the purposes of the Abduction Convention the two concepts were mutually exclusive, and that because article 12 required … Continue reading In Re H (Minors) (Abduction: Custody Rights): HL 1991

PF v EM: FD 6 Feb 2008

Judges: Ryder J Citations: [2008] EWHC 1467 (Fam), [2008] Fam Law 970, [2008] 2 FLR 1263 Links: Bailii Statutes: Child Abduction and Custody Act 19859 Jurisdiction: England and Wales Children Updated: 24 July 2022; Ref: scu.278548

X v Y and Others: FD 16 Oct 2012

M’s application for the return of her three children, after their abduction by their father. Judges: Baker J Citations: [2012] EWHC 2838 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 13 July 2022; Ref: scu.466936

In re D (A Child), (Abduction: Rights of Custody) (no 2); AD v CD v AD: CA 12 Dec 2007

The father sought the return of his daughter to Romania, saying she had been taken to the UK in breach of a court order. Held: The relevant court order pre-dated the accession of Romania to the Convention. Enforceability flowed from eth date of the original order, and not from a later issue of a notice … Continue reading In re D (A Child), (Abduction: Rights of Custody) (no 2); AD v CD v AD: CA 12 Dec 2007

MM v VM (Also VRM): FD 26 Jul 2007

Judges: Roderic Wood J Citations: [2007] EWHC 1820 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985, Hague Convention on the Civil Aspects of International Child Abduction Jurisdiction: England and Wales Cited by: Appeal from – Re M (Children) CA 12-Sep-2007 . .At first instance – Re M and another (Children) (Abduction; Rights of … Continue reading MM v VM (Also VRM): FD 26 Jul 2007

E v D: FD 12 Apr 2022

Judges: The Honourable Mr Justice Macdonald Citations: [2022] EWHC 1216 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Family Updated: 09 July 2022; Ref: scu.678399

In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

In Re H and others (Minors): HL 10 Apr 1997

Three young children had been brought to England from Israel by their mother but without the consent of the father, who now sought their return. The mother claimed that the father had subsequently acquiesced in the removal. Both parents were orthodox Jews. The father said this had compelled him first to seek assistance from the … Continue reading In Re H and others (Minors): HL 10 Apr 1997

In Re S (A Minor) (Child Abduction: Delay): FD 12 Nov 1997

A summary order for the return of an abducted child is not appropriate where there had been some considerable and unexplained delay in the making of the application for the return of the child. Citations: Times 20-Nov-1997, Gazette 12-Nov-1997 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980, Child Abduction and Custody … Continue reading In Re S (A Minor) (Child Abduction: Delay): FD 12 Nov 1997

In re J (Children) (Child abduction: Child appellant): CA 5 Apr 2004

A child appealed an order for him to be returned to Croatia to be with his father. The mother had returned to England believing this to be her home. Held: In such cases where the court might make an order under the 1989 Act for residence with the mother, all the information necessary to such … Continue reading In re J (Children) (Child abduction: Child appellant): CA 5 Apr 2004

A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

Re M and another (Children) (Abduction; Rights of Custody): HL 5 Dec 2007

Three children had been brought from Zimbabwe by their mother against the wishes of the father and in breach of his rights there. The mother appealed an order for their return. Held: The mother’s appeal was allowed. The House had to consider the extent of the exceptions to the duty to return children. It was … Continue reading Re M and another (Children) (Abduction; Rights of Custody): HL 5 Dec 2007

In re P-J (Children) (Abduction: Consent): FD 2009

Judges: Sir Mark Potter P Citations: [2009] EWHC 638 (Fam), [2010] 1 WLR 1237 Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Cited by: Appeal from – In re P-J (Children) (Abduction: Consent) CA 23-Jun-2009 An application was made under the 1985 Act. The mother answered by saying that the removal of … Continue reading In re P-J (Children) (Abduction: Consent): FD 2009

Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011

Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would be at risk if returned, alleging psychological abuse by F. She … Continue reading Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011

In re NY (A Child) (Reunite International and others intervening): SC 30 Oct 2019

The father had applied for a summary order requiring the return of the daughter to Israel. The Court was asked to consider whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (‘the Convention’), was nonetheless entitled … Continue reading In re NY (A Child) (Reunite International and others intervening): SC 30 Oct 2019

In Re B (A Minor)(Child Abduction: Consent): CA 9 May 1994

A six year old boy, had lived in Western Australia all his life. Shortly prior to his removal from Australia, the mother had left Australia to live in Wales. The maternal grandmother asked the father for permission to take the child to Wales to visit the mother. The father said he would not allow the … Continue reading In Re B (A Minor)(Child Abduction: Consent): CA 9 May 1994

ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

A (A Child) (Abduction: Jurisdiction: 1996 Hague Convention): FD 10 Mar 2021

Father’s application dated 18th August 2020 under the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Hague Convention’) that jurisdiction be transferred to Switzerland pursuant to Article 8 of that Convention where the parties’ child is currently living with her … Continue reading A (A Child) (Abduction: Jurisdiction: 1996 Hague Convention): FD 10 Mar 2021

Re KP (A Child) (Abduction: Rights of Custody): CA 1 May 2014

F applied for an order for the return to Malta of the couple’s daughter. M appealed saying that the judge had erred when meeting the daughter having gone beyond the permitted limits. The daughter had objected to being returned, but the judge had decided that she was ambivalent about the return. Held: Moore-Bick, Black, McFarlane … Continue reading Re KP (A Child) (Abduction: Rights of Custody): CA 1 May 2014

SP (Father) v EB (Mother) and Another: FD 26 Nov 2014

Judgment on the applicant father’s application for an order that his daughter Kate, who is now aged 14, be returned forthwith to Malta pursuant to Article 12 of the Hague Convention on the International Aspects of Child Abduction 1980, as incorporated domestically by the Child Abduction and Custody Act 1985. Held: Mostyn J said: ‘there … Continue reading SP (Father) v EB (Mother) and Another: FD 26 Nov 2014

Re P and O (Child Abduction: Anticipatory Breach): FD 10 Nov 2016

M and children had come back to England from Australia, and had F’s consent to stay for another year. She then applied for British Citizenship for the children without F’s knowledge. F now sought their return. Held: The children had become habitually resident in the UK. There was no concept of repudiatory retention known to … Continue reading Re P and O (Child Abduction: Anticipatory Breach): FD 10 Nov 2016

In Re C (Children): CA 12 Jul 2017

F appealed against refusal of an order requiring M to return their two children to Australia. Black, Sharp, Thirlwall LJJ [2017] EWCA Civ 980, [2018] 1 All ER 476, [2018] 1 FLR 186, [2017] 3 FCR 719, [2017] WLR(D) 479 Bailii, WLRD Child Abduction and Custody Act 1985 England and Wales Citing: Appeal from – … Continue reading In Re C (Children): CA 12 Jul 2017

Re C (Children): SC 14 Feb 2018

‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to: (1) the place which the habitual residence of the child occupies in the scheme of that Convention, and (2) whether and when a wrongful retention of a child may occur if the travelling parent originally … Continue reading Re C (Children): SC 14 Feb 2018

De L v H: FD 3 Dec 2009

Sir Mark Potter, the President of the Family Division [2009] EWHC 3074 (Fam), [2010] 1 FLR 1229, [2010] Fam Law 328 Bailii Child Abduction and Custody Act 1985, Council Regulation (EC) No 2201/2003 (B2R) England and Wales Children Updated: 12 December 2021; Ref: scu.381753

In re J (a Minor) (Abduction: Custody rights): HL 1 Jul 1990

On 21 March 1990 the mother removed the child, aged two, from Australia, where he had been habitually resident, to England with the intention of permanently residing here. She did so without the knowledge of the father who also resided in Australia but who, not having been married to the mother, had at that time … Continue reading In re J (a Minor) (Abduction: Custody rights): HL 1 Jul 1990

Re H, H v H (Child Abduction: Acquiescence): HL 10 Apr 1997

The mother and father were orthodox Jews. The mother brought the children to England from Israel against the father’s wishes. She said that he had acquiesced in their staying here by asking for them to be returned to Israel temporarily. The father responded that he had acted only to follow the edicts of the Beth … Continue reading Re H, H v H (Child Abduction: Acquiescence): HL 10 Apr 1997

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