Search Results for: Child Abduction

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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

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

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

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

Article 218(11) TFEU – Convention On The Civil Aspects Of International Child Abduction (Opinions Of The Court): ECJ 14 Oct 2014

art218ECJ1410 ECJ Grand Chamber – Opinion – Opinion pursuant to Article 218(11) TFEU – Convention on the civil aspects of international child abduction – Accession of third States – Regulation (EC) No 2201/2003 – Exclusive external competence of the European Union – Risk of undermining the uniform and consistent application of EU rules and the … Continue reading Article 218(11) TFEU – Convention On The Civil Aspects Of International Child Abduction (Opinions Of The Court): ECJ 14 Oct 2014

In Re W (Minors) (Child Abduction: Unmarried Father); In Re B (A Minor) (Child Abduction: Unmarried Father): FD 9 Apr 1998

An unmarried father has no rights as regards a child until an application is made, but a mother taking child abroad whilst a court application was continuing could be restrained as an act of child abduction through the court’s own parental rights and duties. Judges: Ward LJ Citations: Times 09-Apr-1998, Gazette 13-May-1998, [1999] Fam 1 … Continue reading In Re W (Minors) (Child Abduction: Unmarried Father); In Re B (A Minor) (Child Abduction: Unmarried Father): FD 9 Apr 1998

Re JA (Child Abduction: Non-Convention Country): CA 1998

The court accepted a submission that ‘the court cannot be satisfied that it is in the best interests of the child to return it to the court of habitual residence in order that that court may resolve the disputed question unless this court is satisfied that the welfare test will apply in that foreign court’. … Continue reading Re JA (Child Abduction: Non-Convention Country): CA 1998

In re N (A Child) (Abduction: Appeal): CA 11 Jul 2012

M appealed against refusal of an order dismissing her application for the return of her daughter. The main issue related to T’s habitual residence and a claim that the jurisdiction of the court in England and Wales could be founded upon T being habitually resident in England and Wales on the occasion of her removal … Continue reading In re N (A Child) (Abduction: Appeal): CA 11 Jul 2012

Re X (Child Abduction: Habitual Residence): CA 1 Nov 2022

Determination of a child’s habitual residence Judges: Lord Justice Baker Lord Justice Phillips And Lord Justice Nugee Citations: [2022] EWCA Civ 1423 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 03 November 2022; Ref: scu.682306

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

Re W (A Child) (Abduction: Committal): CA 17 Aug 2011

If the sentence for an original breach of a court order has expired without compliance on the part of the contemnor – then it is necessary first to make another order specifying another date for compliance, followed, in the event of non-compliance, by an application for committal for breach not of the original but of … Continue reading Re W (A Child) (Abduction: Committal): CA 17 Aug 2011

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 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 the child had been approved by the father. Held: The mother’s appeal failed. The father had clearly indicated that he withdrew his consent before the mother left Spain. The time which mattered was the state of consent at … Continue reading In re P-J (Children) (Abduction: Consent): CA 23 Jun 2009

In re A (A Child) (Abduction: Contempt): CA 21 Aug 2008

The father apealed against his sentence of committal for contempt of court in the course of children proceedings. During a dispute over residence, he took the child to his family in Syria and returned alone. He had then disobeyed orders requiring him to secure his son’s return to England. Syria is not a party to … Continue reading In re A (A Child) (Abduction: Contempt): CA 21 Aug 2008

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 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

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 EC (Child abduction: Stayed proceedings): CA 28 Jun 2006

Child abduction proceedings had been issued after the father had applied for residence here. The mother now appealed against the temporary lifting of the stay on the father’s proceedings which followed her application. The judge ordered for the child’s return, as he was required to do, but also allowed the possibility of the father’s application … Continue reading In re EC (Child abduction: Stayed proceedings): CA 28 Jun 2006

In re WA (A Child) (Abduction) (Consent; Acquiescence; Grave Risk of Harm or Intolerability): FD 10 Nov 2015

Proceedings for summary return under the Hague Convention and Brussels IIR, with two issues arising, did the father consent to or acquiesce in the child’s removal from his home state, and would a return expose the child to grave risk of psychological harm or otherwise place him in an intolerable position? Citations: [2015] EWHC 3410 … Continue reading In re WA (A Child) (Abduction) (Consent; Acquiescence; Grave Risk of Harm or Intolerability): FD 10 Nov 2015

In re S (Children) (Child abduction: Asylum appeal): FD 24 Apr 2002

The mother had applied here for asylum. Her application had been refused but was subject to appeal. The father in India sought the return of the children on the basis that they had been removed from a Convention country which was their habitual residence, and against his will as their father. The mother applied for … Continue reading In re S (Children) (Child abduction: Asylum appeal): FD 24 Apr 2002

In re S (Children) (Child abduction: Asylum appeal): CA 28 May 2002

The appellant was the mother of a child, who was claiming asylum. The father sought the return of the child to India, claiming he had been abducted by the mother. She said that whilst her claim for asylum was extant, the court must not allow her or the child to be removed. Held: India was … Continue reading In re S (Children) (Child abduction: Asylum appeal): CA 28 May 2002

In re S (Child) (Abduction: Custody rights): CA 3 Jul 2002

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

In Re H (A Child) (Abduction: Rights of Custody): HL 3 Feb 2000

It was possible for the court itself to have sufficient rights of custody under the Convention to allow a party to apply on the basis that an abduction had interfered with those rights of custody. A father had begun proceedings but did not himself have rights awarded, but he could apply on the basis that … Continue reading In Re H (A Child) (Abduction: Rights of Custody): HL 3 Feb 2000

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 H (A Child) (Abduction: Rights of Custody): CA 16 Nov 1999

Once a court has become involved in the issues surrounding the ‘right of custody’ of a child as set down in the convention, an English court would not attempt to substitute its own jurisdiction. The child was of unmarried parents in Ireland. The father applied to the court there for contact, and the mother left … Continue reading In Re H (A Child) (Abduction: Rights of Custody): CA 16 Nov 1999

In Re C (A Minor) (Child Abduction): CA 14 May 1999

The test of whether a return of an abducted child will risk grave physical or psychological harm is a strict one, not to be affected too much by considerations of sibling children who are not subject to the Convention against Child Abduction. Citations: Times 14-May-1999 Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and … Continue reading In Re C (A Minor) (Child Abduction): CA 14 May 1999

In Re E (Children) (Abduction: Non-Convention Country): CA 7 Jul 1999

Where a child has been abducted from a country which has not signed the Convention on abduction of children, an English court should be very reluctant to apply English cultural traditions in substitution for those of the home country. Exceptions exist only for persecution, or ethnic, sex or other discrimination. ‘The welfare principle as paramount … Continue reading In Re E (Children) (Abduction: Non-Convention Country): CA 7 Jul 1999

In re P (A Child) (Abduction: Consent); (Abduction: Custody Rights): CA 28 Jul 2004

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

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

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 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

Re P (A Minor)(Child Abduction: Non Convention Country): CA 1997

The Hague Convention concepts are not to be applied in a non-Convention case. Citations: [1997] Fam 45 Statutes: Hague Convention on the Civil Aspects of International Child Abduction Jurisdiction: England and Wales Citing: Approved – Re L (Minors) (Wardship: Jurisdiction) CA 1974 The court summarised the principles as to the return of a child to … Continue reading Re P (A Minor)(Child Abduction: Non Convention Country): CA 1997

E C-L v DM (Child abduction: Costs): FD 11 Apr 2005

The mother had persistently made false allegations against her husband of abduction and of forgery. She had been permitted to withdraw her originating application. She appealed an order against her for costs, saying that the Convention under which the application was made contained no provision for awarding costs. Held: Though costs orders were not normally … Continue reading E C-L v DM (Child abduction: Costs): FD 11 Apr 2005

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

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

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

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 M (Minors) (Child Abduction: Undertakings): CA 15 Aug 1994

A Hague Convention order was not appealable, nor do undertakings fetter the court’s discretion. Citations: Times 15-Aug-1994, [1995] 1 FLR 1021 Jurisdiction: England and Wales Cited by: Distinguished. – Walley v Walley CA 22-Jun-2005 An application had been brought for an order to have a child returned to South Africa. The court had given the … Continue reading In Re M (Minors) (Child Abduction: Undertakings): CA 15 Aug 1994

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

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

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 (Minors) (Child Abduction: Wrongful Retention): FD 1993

The parents of S were Israeli citizens living in Israel. They had equal parental rights and responsibilities under Israeli law. They brought their two children to England intending to reside here for one year and then return to Israel. The father returned to Israel early and commenced proceedings for divorce. The mother remained in England … Continue reading In re S (Minors) (Child Abduction: Wrongful Retention): FD 1993

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

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