Judges: Bennett J Citations: [1997] 1 FLR 924 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 12 13 Citing: Disappoved – In re C (Abduction: Consent) FD 1996 The Convention specifically placed the issue of consent within article 13. . . Lists of cited by and citing cases may be incomplete. Children … Continue reading In re O (Abduction: Consent and Acquiescence): FD 1997
Judges: Charles J Citations: [1999] 2 FLR 912 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 12 13 Citing: Approved – In re C (Abduction: Consent) FD 1996 The Convention specifically placed the issue of consent within article 13. . . Lists of cited by and citing cases may be incomplete. Children … Continue reading T v T (Abduction: Consent): FD 1999
The father sought the return to the USA of his daughter, brought here by her mother. The father had custody, but the mother said he had consented to the child being brought here. Held: The issue of consent did not affect the question of the unlawfulness of the original abduction, but was relevant only when … Continue reading In re P (A Child) (Abduction: Consent); (Abduction: Custody Rights): CA 28 Jul 2004
The Convention specifically placed the issue of consent within article 13. Judges: Holman J Citations: [1996] 1 FLR 416 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 12 13 Cited by: Disappoved – In re O (Abduction: Consent and Acquiescence) FD 1997 . .Approved – T v T (Abduction: Consent) FD 1999 … Continue reading In re C (Abduction: Consent): FD 1996
Judges: Ward, Longmore, Sullivan LJJ Citations: [2011] EWCA Civ 1100, [2011] Fam Law 1336, [2012] 1 FLR 436, [2012] FLR 436 Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction, 1980 Jurisdiction: England and Wales Cited by: Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child … Continue reading In re H-K (Children): CA 10 Oct 2011
The mother accepted that she had abducted her child from Israel, but sought to establish a defence under the convention that the security conditions in Israel were such as to justify the removal. Held: The Convention requirements were restrictive, and were not satisfied in this case. The test of whether there was a grave risk … Continue reading In re S (Child) (Abduction: Custody rights): CA 3 Jul 2002
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019
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
The court had under its inherent jurisdiction ordered the mother to return the seven year old child A to the father in Russia. Held: Even though the hearing did not take place under the Hague Convention or Brussels II, the court had an obligation to consider arrangements itself to hear the child. M’s appeal succeeded. … Continue reading re S (A Child) (Abduction: Hearing The Child): CA 4 Dec 2014
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
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
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
How should the courts of this country react when a child is brought here pursuant to an order made abroad in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction which is later over-turned on appeal? K was a child born in Texas and a US citizen. His father was a … Continue reading Re KL (A Child): SC 4 Dec 2013
(Grand Chamber) The Swiss Court had rejected the claimant mother’s claim, under article 13b of the Hague Convention, that there was a grave risk that returning the child to Israel would lead to physical or psychological harm or otherwise place him in an intolerable situation. Held: To enforce the order would be an unjustifiable interference … Continue reading Neulinger And Shuruk v Switzerland: ECHR 6 Jul 2010
The Honourable Mr Justice Macdonald [2019] EWHC 1019 (Fam) Bailii Child Abduction and Custody Act 1985, 1908 Hague Convention on the Civil Aspects of International Child Abduction England and Wales Children Updated: 07 January 2022; Ref: scu.639747
‘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
(Child Abduction: Return to Third Country) Keehan J [2013] EWHC 2970 (Fam), [2014] Fam 87, [2014] 2 WLR 1213, [2014] 1 FLR 1406, Bailii England and Wales Citing: Cited – 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: … Continue reading O v O: FD 21 Aug 2013
Application under the Hague Convention on the Civil Aspects of International Child Abduction 1980. Mr Justice Peter Jackson [2013] EWHC 2092 (Fam) Bailii England and Wales Children, International Updated: 12 December 2021; Ref: scu.513757
ECHR Grand Chamber – Article 8-1 Respect for family life Failure to conduct detailed examination of all relevant points when deciding whether to return a child pursuant to Hague Convention: violation Facts – The applicant lived in Australia and in 2005 gave birth to a daughter while living with her partner T. The child’s birth … Continue reading X v Latvia: ECHR 26 Nov 2013
ECJ Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Matrimonial matters and parental responsibility – Child whose parents are not married – Concept of ‘habitual residence’ of an infant – Concept of ‘rights of custody’.A two month old baby born in England to unmarried parents and removed by her French mother to … Continue reading Mercredi v Richard Chaffe (Area of Freedom, Security And Justice): ECJ 22 Dec 2010
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
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
