Search Results for: 1980 Hague Convention

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Re K (1980 Hague Convention) (Lithuania): CA 14 Jul 2015

Appeal by a mother against the order that E, her 11 year old daughter, be returned to Lithuania forthwith pursuant to Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction 1980 [2015] EWCA Civ 720 Bailii Hague Convention on the Civil Aspects of International Child Abduction 1980 12 England and … Continue reading Re K (1980 Hague Convention) (Lithuania): CA 14 Jul 2015

M (Children : Habitual Residence : 1980 Hague Child Abduction Convention): CA 25 Aug 2020

F sought the return of his children to Germany. They had lived there, but brought to the UK by M with F’s consent. She stayed for a year, and the court now considered where was their habitual residence. The judge considered that they had not lost their habitual residence in Germany. M appealed. Held: M’s … Continue reading M (Children : Habitual Residence : 1980 Hague Child Abduction Convention): CA 25 Aug 2020

NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction): CA 18 Jun 2019

M appealed from an order ordering the summary return of a girl to Israel. Flaux, Moylan, Haddon-Cave LJJ [2019] EWCA Civ 1065, [2019] 3 FCR 49 Bailii England and Wales Citing: At FD – TY v HY (Return Order) FD 17-Apr-2019 F sought a summary order for the return of his 2 year old daughter … Continue reading NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction): CA 18 Jun 2019

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

R v G and Another (Hague Convention and Asylum): FD 22 Mar 2022

proceedings issued by the father relating to X, age 5, against the mother for X’s summary return to Italy. Judges: Mrs Justice Theis DBE Citations: [2022] EWHC 655 (Fam) Links: Bailii Statutes: 1980 Hague Convention on the Civil Aspects of International Child Abduction Jurisdiction: England and Wales Children Updated: 06 May 2022; Ref: scu.675953

Z (A Child : Hague Convention Application): FD 30 Jun 2020

Father’s application under the 1980 Hague Convention for the return of Z, age 3, to Australia. The mother resists that application on three grounds (i) Z was habitually resident in England at the time of any retention; (ii) the father acquiesced in Z’s retention in England; (iii) it would place Z at grave risk of … Continue reading Z (A Child : Hague Convention Application): FD 30 Jun 2020

In re A (Hague Convention: Wrongful Retention): FD 11 May 2021

The father alleges that the mother wrongly removed or retained the child from the Russian Federation, her country of habitual residence, and applies for her summary return under the 1980 Hague Convention. The mother opposes the application. Mr Justice Poole [2021] EWHC 1204 (Fam) Bailii England and Wales Children Updated: 29 December 2021; Ref: scu.663803

In Re S (Minors) (Convention On the Civil Aspects of International Child Abduction): FD 21 Jul 1993

(Child Abduction: Wrongful Retention) A failure by a parent to return a child to his country of residence can constitute a wrongful retention under the Convention. Where both parents have equal status in relation to the child, one parent can not unilaterally change the habitual residence of a child. Wall J Times 21-Jul-1993, [1994] Fam … Continue reading In Re S (Minors) (Convention On the Civil Aspects of International Child Abduction): FD 21 Jul 1993

DL v EL (Hague Abduction Convention: effect of reversal of return order on appeal): FD 17 Jan 2013

F sought the return of his son K to the US. K had been brought here by M after a court order in the US,but the father subsequently appealed sucessfully, obtaining an order for K’s return. M said that the UK court had originally and correctly found K to be habitually resident in the UK, … Continue reading DL v EL (Hague Abduction Convention: effect of reversal of return order on appeal): FD 17 Jan 2013

Re A (A Child): FD 16 Oct 2020

The mother seeks an order for the summary return of A to the jurisdiction of Italy pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’). Her case is that A was wrongfully removed . .

Re X (A Child): FD 27 Feb 2019

Application made by the father seeking an order requiring the return of his daughter X to the Czech Republic pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Judges: Her Honour Judge Hillier Sitting as a Judge of the High Court Citations: [2019] EWHC 479 (Fam) Links: Bailii Jurisdiction: England … Continue reading Re X (A Child): FD 27 Feb 2019

HM v HA: FD 29 Jul 2022

Application by a mother for the summary return of two children, X and Y, aged four and two to Poland pursuant to the 1980 Hague Convention. Judges: The Honourable Mrs Justice Judd DBE Citations: [2022] EWHC 2042 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 23 October 2022; Ref: scu.681134

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

Eliassen and Another v Eliassen and Others: CA 1 Apr 2011

M (British) and F (Norwegian) had their two daughters in Norway. M removed them to England saying that she feared F’s alleged psychological abuse of the children. She now appealed against an order for their return arguing that the exception to the need to make suich an order for cases where the child might be … Continue reading Eliassen and Another v Eliassen and Others: CA 1 Apr 2011

In re L (A child) (Abduction: Jurisdiction): FD 9 Sep 2002

The mother had brought the child from France to England. That removal was wrongful. The father, having begun proceedings in France, sought his return. Held: The father had not co-operated readily with the UK courts in bringing his application, causing excess delay. The return of the child was discretionary. In this case the child was … Continue reading In re L (A child) (Abduction: Jurisdiction): FD 9 Sep 2002

In Re AR (An Order Under The Child Abduction And Custody Act 1985): SCS 17 Jun 2014

The two girls were with their mother in Scotland. The father, living in France, sought their return to France: Held: The court granted the father’s application. The Lord Ordinary: ‘After considering all the relevant evidence I am satisfied that the children had not immediately before 20 November 2013 lost their habitual residence in France. They … Continue reading In Re AR (An Order Under The Child Abduction And Custody Act 1985): SCS 17 Jun 2014

H v B: FD 11 Mar 2022

Application by a father pursuant to the 1980 Hague Convention for the return of his son, born in October 2020 to France. It is resisted by the mother. Judges: The Honourable Mrs Justice Judd DBE Citations: [2022] EWHC 526 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 09 May 2022; Ref: scu.675950

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

WX v YZ and Another: FD 29 Jun 2020

Final hearing of the mother’s application for K’s summary return to Poland pursuant to the 1980 Hague Convention on the Civil Aspects of Child Abduction or, alternatively, pursuant to the inherent jurisdiction. The mother’s application was issued just over four years after the father wrongfully removed K from her mother’s care in Poland, where she … Continue reading WX v YZ and Another: FD 29 Jun 2020

C v B: FD 21 May 2021

The Honourable Mr Justice Cobb [2021] EWHC 1369 (Fam) Bailii 1980 Hague Convention on the Civil Aspects of the International Child Abduction England and Wales Children Updated: 24 January 2022; Ref: scu.663805

AC v NC: FD 21 Apr 2021

The Honourable Mr Justice Mostyn [2021] EWHC 946 (Fam) Bailii 1980 Hague Convention on the Civil Aspects of International Child Abduction England and Wales Children Updated: 18 January 2022; Ref: scu.663797

ZM v NM: FD 21 Feb 2020

Mr David Lock QC [2020] EWHC 2413 (Fam) Bailii 1980 Hague Convention on the Civil Aspects of International Child Abduction England and Wales Children Updated: 16 January 2022; Ref: scu.655223

UG v NN: FD 4 Jan 2022

Application for the return of three children to Austria under the 1980 Hague Convention. The Honourable Mrs Justice Judd DBE [2022] EWHC 8 (Fam) Bailii England and Wales Children Updated: 15 January 2022; Ref: scu.670836

AR, Re An Order Under The Child Abduction and Custody Act 1985: SCS 14 Nov 2014

(Extra Division, Inner House – Opinion of Lord Malcolm) – appeal in application for order of return of two children to their father in France. The partis disputed whether Scotland had become habitually resident in Scotland, and also whether the father had consented to their removal to Scotland. Held: The Lord ordinary granted the appeal … Continue reading AR, Re An Order Under The Child Abduction and Custody Act 1985: SCS 14 Nov 2014

A (Area of Freedom, Security and Justice): ECJ 2 Apr 2009

ECJ Judicial co-operation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 Substantive scope – Definition of ‘civil matters’ – Decision relating to the taking into care and placement of children outside the family home – Child’s habitual … Continue reading A (Area of Freedom, Security and Justice): ECJ 2 Apr 2009

Mercredi v Richard Chaffe (Area of Freedom, Security And Justice): ECJ 22 Dec 2010

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

In Re H (Children) (Custody Rights: Jurisdiction): CA 29 Jul 2014

The father appealed against refusal of an order requiring the mother of his children to return them to this country from Bangladesh. Held: The appeal failed. There is no longer any rule that where two parents had parental responsibility for a child, neither could unilaterally change the child’s habitual residence. The proper approach was a … Continue reading In Re H (Children) (Custody Rights: Jurisdiction): CA 29 Jul 2014

C v M: ECJ 9 Oct 2014

ECJ (Judgment) Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Hague Convention of 25 October 1980 on the civil aspects of international child abduction – Concept of ‘habitual residence’ of a child following the divorce of its parents – Lawful … Continue reading C v M: ECJ 9 Oct 2014

In Re M (Minors) (Abduction: Peremptory Return Order): CA 20 Nov 1995

An English court should usually assume that proceedings abroad will provide for a fair hearing. The court refused to admit evidence of the legal system in Dubai and assumed that the wife would receive a fair hearing there. Citations: Times 20-Nov-1995, [1996] 1 FLR 478 Statutes: Hague Convention on the Civil Aspects of International Child … Continue reading In Re M (Minors) (Abduction: Peremptory Return Order): CA 20 Nov 1995

V-B (Minors) (Abduction: Custody Rights): CA 17 Mar 1999

Rights of custody are to be distinguished from mere rights of access. Citations: [1999] EWCA Civ 1013, [1999] 2 FLR 192 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980 5(a), Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Cited by: Cited – In re D (A Child), (Abduction: Rights … Continue reading V-B (Minors) (Abduction: Custody Rights): CA 17 Mar 1999

Re H (A Child): CA 23 Jan 2013

Application for leave to appeal against refusal of a summary order requiring the return of a child to Mexico under the Convention. Judges: Thorpe, Longmore, McCombe LJJ Citations: [2013] EWCA Civ 148 Links: Bailii Statutes: Hague Abduction Convention 1980 Jurisdiction: England and Wales Children Updated: 14 November 2022; Ref: scu.471874

AB v CD: FD 22 Nov 2019

Application by a father, AB, for the return of his son, E, who was born in 2016 to Brazil, pursuant to the Hague Convention 1980. It is opposed by the respondent mother, CD. Judges: Mrs Justice Judd Citations: [2019] EWHC 3381 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.682088

JWK v DAW: FD 29 Jul 2022

The mother seeks the child’s summary return to Czech Republic pursuant to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (‘the Convention’). She asserted by way of opening written argument that the father wrongfully retained the child in England and Wales on a date between September 2021 and February 2022 (at … Continue reading JWK v DAW: FD 29 Jul 2022

In re H-K (Children): CA 10 Oct 2011

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

In re D (A Child): CA 25 May 2006

The mother had unlawfully brought her son here from Romania, and now appealed an order for his return. Held: The appeal was dismissed. Citations: [2006] EWCA Civ 830 Links: Bailii Statutes: Child Abduction and Custody Act 1985, Hague Convention on the Civil Aspects of International Child Abduction 1980 Jurisdiction: England and Wales Citing: Appeal from … Continue reading In re D (A Child): CA 25 May 2006

Mercredi v Chaffe: CA 17 Mar 2011

Judges: Thorpe, Elias LJJ Citations: [2011] EWCA Civ 272, [2011] 2 FLR 515, [2011] 2 FCR 177, [2011] Fam Law 584 Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980 Jurisdiction: England and Wales Citing: At ECJ – Mercredi v Richard Chaffe (Area of Freedom, Security And Justice) ECJ 22-Dec-2010 … Continue reading Mercredi v Chaffe: CA 17 Mar 2011

TY v HY (Return Order): FD 17 Apr 2019

F sought a summary order for the return of his 2 year old daughter to Israel. M claimed habitual residence within the UK. Held: The court had ‘considerable concerns regarding the credibility of the mother’s evidence’. She made several allegations of abuse, for which the evidence was not Judges: MacDonald J Citations: [2019] EWHC 1310 … Continue reading TY v HY (Return Order): FD 17 Apr 2019

In re A (Children) (Abduction: Interim Powers); EA v GA: CA 27 May 2010

The parents, both of Nigerian origin had started a family in Ireland. The mother came to England seeking asylum, going first to Salford and then to London. The father sought their return under the 1985 Act. The court had made interim orders for the authority to support the children and mother pending the outcome of … Continue reading In re A (Children) (Abduction: Interim Powers); EA v GA: CA 27 May 2010

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

Daewoo Heavy Industries Ltd and Another v Klipriver Shipping Ltd and Another: CA 3 Apr 2003

The carrier had loaded the cargo on the ship’s deck, despite a clause requiring it to be stowed in a hold. The charterparty sought to use the breach to remove the carrier’s limit of liability. The older form of Hague rules applied. Held: It was not yet decided that the wharehouse and deviation case law … Continue reading Daewoo Heavy Industries Ltd and Another v Klipriver Shipping Ltd and Another: CA 3 Apr 2003

K v K: FD 30 Oct 2009

Judges: Sir Christopher Sumner Citations: [2009] EWHC 2721 (Fam), [2010] Fam Law 8, [2010] 1 FLR 1295 Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980 Jurisdiction: England and Wales Children Updated: 28 July 2022; Ref: scu.377903

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

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

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

Hunter v Murrow (Abduction: Rights of Custody): CA 28 Jul 2005

Rights of access can in themselves amount to ‘rights of custody’ for the Convention. Dyson LJ divided the question of whether the father had rights of custody into two. The first, which he called ‘the domestic law question’, was what rights the father had in national law. The second, which he called ‘the Convention question’, … Continue reading Hunter v Murrow (Abduction: Rights of Custody): CA 28 Jul 2005

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

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

Patel v Secretary of State for The Home Department: SC 16 Dec 2019

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

MCB (Area Of Freedom, Security And Justice): ECJ 5 Oct 2010

ECJ Judicial cooperation in civil matters – Matrimonial matters and matters of parental responsibility – The Hague Convention of 25 October 1980 on the civil aspects of international child abduction – Regulation (EC) No 2201/2003 – Children whose parents are not married – Father’s rights of custody – Interpretation of ‘rights of custody’ – General … Continue reading MCB (Area Of Freedom, Security And Justice): ECJ 5 Oct 2010

re S (A Child) (Abduction: Hearing The Child): CA 4 Dec 2014

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

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

RS v KS (Abduction: Wrongful Retention): FD 26 Jun 2009

In considering an international abduction of a four year old child by a parent Macur J said that disruption to the living arrangements of such a young child ‘would have more far reaching consequences and adverse impact than in the case of an older and less sensitive child able to comprehend a sudden departure from … Continue reading RS v KS (Abduction: Wrongful Retention): FD 26 Jun 2009

Mitchell v Harris Engineering Co Ltd: CA 1967

The plaintiff was seeking to claim against his employers for personal injuries. There was correspondence with them before action that did not lead to a settlement. When the writ was issued a junior clerk made a mistake and issued it in the very similar name of an associated company of the employers. The defendant challenged … Continue reading Mitchell v Harris Engineering Co Ltd: CA 1967

In re H (a Minor) (Child abduction: Mother’s Asylum): FD 25 Jul 2003

The mother fled Pakistan and secured asylum here, proving a well founded fear of persecution if she returned. She had brought her son. The father applied for the child to be returned for the courts there to decide his future, saying he had been abducted. Held: To order the return of the child anticipating the … Continue reading In re H (a Minor) (Child abduction: Mother’s Asylum): FD 25 Jul 2003

In Re M (A Minor) (Habitual Residence): CA 3 Jan 1996

An habitual residence dispute is a dispute on a matter of fact not of law. It cannot be settled by the choice of the parents. A child cannot acquire habitual residence in a country without actually being physically present in that country. Citations: Times 03-Jan-1996, Ind Summary 29-Jan-1996, [1996] 1 FLR 887 Statutes: Hague Convention … Continue reading In Re M (A Minor) (Habitual Residence): CA 3 Jan 1996

H v H (Child Abduction: Acquiescence): CA 14 Aug 1996

The parents were orthodox Jews. The mother brought the children to England, and resisted an order for their return, saying the father had delayed in bringing the proceedings. Held: A parent must act quickly in cases of child abduction in order to avoid a finding that he or she has been acquiescent in the abduction. … Continue reading H v H (Child Abduction: Acquiescence): CA 14 Aug 1996

B v B: CA 17 Jun 1992

Removal of child from Canada while proceedings were ongoing was unlawful – child returned to Canada. Citations: Gazette 17-Jun-1992 Statutes: Hague Convention 1980 3 8 Jurisdiction: England and Wales Children Updated: 28 April 2022; Ref: scu.78045

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

Payabi and Another v Armstel Shipping Corporation and Another: QBD 1 Apr 1992

A party had been wrongly added in breach of limitation under Hague Convention. There should have been no relation back. Hobhouse J considered the effect of the 1980 Act: ‘But it is clear that Ord. 20, r. 5 must now be read with the [1980] Act and is implicitly (but inelegantly) giving effect to the … Continue reading Payabi and Another v Armstel Shipping Corporation and Another: QBD 1 Apr 1992

In Re O (A Minor) (Child Abduction: Custody Rights): FD 24 Jun 1997

The exercise of the full rights and duties of parenthood can give a right of joint custody for the abduction convention purposes. Citations: Times 24-Jun-1997, Gazette 25-Jun-1997 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980, Hague Convention on the Civil Aspects of International Child Abduction 1980 Children Updated: 08 April 2022; … Continue reading In Re O (A Minor) (Child Abduction: Custody Rights): FD 24 Jun 1997

In Re P (A Minor)(Abduction): CA 19 Jul 1996

Child abducted to United Kingdom from a non-convention country; the Child’s welfare was still the paramount consideration. Citations: Times 19-Jul-1996 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980 Jurisdiction: England and Wales Children Updated: 08 April 2022; Ref: scu.82096

In re B (Children): CA 27 Mar 2018

Appeal from an order dismissing an application by a mother seeking a summary return of three children to Spain under the Hague Convention on the Civil Aspects of International Child Abduction 1980. Citations: [2018] EWCA Civ 614 Links: Bailii Jurisdiction: England and Wales Children Updated: 07 April 2022; Ref: scu.608339

JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal: CA 31 Jul 2003

Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to impose such a duty. The appellants sought to distinguish X v Bedfordshire in different ways. Held: … Continue reading JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal: CA 31 Jul 2003

Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Neulinger And Shuruk v Switzerland: ECHR 6 Jul 2010

(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