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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

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

In re G (Children) (Foreign contact order: Enforcement): CA 11 Nov 2003

The father sought to have registered here, a French order for parental contact. The mother had brought the child to England with the consent of the court, and then obtained an apparently conflicting order here. Held: There was a conflict between the Regulation and the Convention as scheduled to the 1985 Act. The London order … Continue reading In re G (Children) (Foreign contact order: Enforcement): CA 11 Nov 2003

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 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 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

TB v JB (Formerly J H) (Abduction: Grave Risk of Harm): CA 19 Dec 2000

The father appealed against rejection of his claim for the return of his three children to New Zealand. Judges: Laws, Hale, Arden LJJ Citations: [2000] EWCA Civ 337, [2001] 2 FLR 515, [2001] 2 FCR 497, [2001] Fam Law 576 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Cited by: … Continue reading TB v JB (Formerly J H) (Abduction: Grave Risk of Harm): CA 19 Dec 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

Re C (Abduction: Interim Directions: Accommodation by Local Authority): FD 2004

The court delivered a judgment settling the extent of the court’s power to remove a child subject to an abduction application into Local Authority accommodation as an interim measure. Judges: Singer J Citations: [2004] 1 FLR 653 Statutes: Child Abduction and Custody Act 1985 5 Cited by: Cited – Cannon v Cannon CA 19-Oct-2004 The … Continue reading Re C (Abduction: Interim Directions: Accommodation by Local Authority): FD 2004

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

J v H and Others: FD 7 Apr 2022

Judges: Mrs Justice Theis Citations: [2022] EWHC 862 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 10 May 2022; Ref: scu.675956

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

C v C (Minor:Abduction: Rights of Custody Abroad): CA 1989

The English mother married the Australian father in Australia and bore their child their. After divorce both parents had custody with no right to remove the child. The mother brought the child to England without the father’s consent. Held: The child had been removed wrongfully. The mother was not to be allowed to create a … Continue reading C v C (Minor:Abduction: Rights of Custody Abroad): CA 1989

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

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

In Re T (Minors) (Abduction: Custody Rights): CA 24 Apr 2000

Where a child of eleven years, but of greater maturity, made a compelling, reasoned and clear case for not being returned to one parent after an international abduction, the court could, with great care, refuse to order her return. Where two children were involved, and an order for the younger would split the children up, … Continue reading In Re T (Minors) (Abduction: Custody Rights): CA 24 Apr 2000

In Re C (Minors) (Abduction: Habitual Residence): CA 23 Feb 1999

Where children had clearly been unlawfully removed to live in this country, the distress necessarily occasioned by another move against the mother’s wishes was unlikely to prevent an order for their return to the country from which they had been removed, in the absence of clear evidence of a grave risk of harm. Citations: Gazette … Continue reading In Re C (Minors) (Abduction: Habitual Residence): CA 23 Feb 1999

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

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

In re S (Minors) (Abduction: Acquiescence): 1994

For the purposes of Article 13 of the Convention, the question whether the wronged parent has ‘acquiesced’ in the removal or retention of the child depends upon his actual state of mind of the parent: ‘the court is primarily concerned, not with the question of the other parent’s perception of the applicant’s conduct, but with … Continue reading In re S (Minors) (Abduction: Acquiescence): 1994

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

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

AM v Local Authority and Another; Re B-M (Care Orders): CA 16 Mar 2009

The father sought leave to appeal against care orders made in respect of his three children. The family were Pakistani Pathan muslims. There had been disputes and violence within the extended family. One family member sought protection but was now alleged herself to be responsible for threats and violence. After a fire, the children were … Continue reading AM v Local Authority and Another; Re B-M (Care Orders): CA 16 Mar 2009

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

Acts

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TS v DMM: FD 23 May 2022

Application by the father, for the summary return of a child, C, now 22 months old, to Poland, pursuant to the Child Abduction and Custody Act 1985 Judges: Mr Geoffrey Kingscote QC Citations: [2022] EWHC 1145 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 17 June 2022; … Continue reading TS v DMM: FD 23 May 2022