A declaration as to abduction will not be made if the only real purpose of the application was to delay a foreign court seised of the matter making a decision. Citations: Times 25-Mar-1998, Gazette 16-Apr-1998 Statutes: Child Abduction and Custody Act 1985 8 Jurisdiction: England and Wales Citing: Appeal from – P v P (Diplomatic … Continue reading P v P (Diplomatic Immunity: Jurisdiction): CA 25 Mar 1998
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
Judges: Mr David Lock QC Citations: [2022] EWFC 145 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 05 December 2022; Ref: scu.683479
Judges: Ms Ruth Henke QC Citations: [2022] EWHC 2096 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 26 November 2022; Ref: scu.683278
After noting the approval of In re N in Perrin the court added: ‘Furthermore the question of settlement had to be considered in the context of the spirit of the Convention whereby the fundamental duty of the court is to order a return of the child to the proper jurisdiction when there has been a … Continue reading Soucie v Soucie: 1995
Application by father for summary return of son to the USA. The mother said that the father had consented to his removal and acquiesced in his stay here. Held: The mother had a settled intention to remain in the US when she first arrived, but lost it within eight days, which was not an appreciable … Continue reading W v F: FD 4 Apr 2007
Status of Bermuda – whether part of UK for 1985 Act purposes. Judges: Mr Justice Mostyn Citations: [2020] EWHC 877 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 19 November 2022; Ref: scu.650027
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
The father sought the return to Spain of the family’s four children, the judge had ordered their return, but the mother absconded with them to Wales. They were found and two returned, but after a scene at the airport tow stayed. The mother now appealed against the order for all four children to return to … Continue reading In re J (Children): CA 7 Nov 2012
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
In the exercise of a discretion under the Hague Convention in a child’s objections case, an additional test or requirement of ‘exceptionality’ is appropriate when the Court comes to weigh the policy considerations underlying the Convention against the general welfare considerations affecting the child in the individual case. Citations: [2007] EWCA Civ 533, [2007] 2 … Continue reading Klentzeris v Klentzeris: CA 10 May 2007
The father sought the summary return of child S to Israel. Judges: The Honourable Mr Justice Cobb Citations: [2022] EWHC 2677 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 31 October 2022; Ref: scu.682241
After a divorce, the Belgian Court had granted the father a contact order, for him to receive her at home at holidays. The mother moved to England, breaching the order. The father had the order registered here, then sought to enforce it. The court had found the girl to have a genuine fear of the … Continue reading H (a Minor) (Foreign Custody Order: Enforcement): CA 19 Nov 1993
Judges: Mostyn J Citations: [2014] EWHC 1780 (Fam), [2014] Fam Law 1226, [2014] 1 WLR 4375 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 24 October 2022; Ref: scu.526363
Judges: Mr David Lock QC Citations: [2022] EWHC 1965 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 23 October 2022; Ref: scu.681132
Citations: [2003] EWCA Civ 355 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 22 October 2022; Ref: scu.180126
This appeal concerns the relationship of the 1980 Hague Convention (the ‘1980 HC’) to asylum law. The 1980 HC is an international agreement incorporated into UK law which enables the prompt return of a wrongfully abducted child to his or her country of habitual residence. (1) Does a child named as a dependent on a … Continue reading G v G: SC 19 Mar 2021
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
The petitioner sought an order for the return of his two children to Spain, they having been brought to Scotland by their mother. Judges: Lord Glennie Citations: [2011] ScotCS CSOH – 215 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Scotland, Children Updated: 04 October 2022; Ref: scu.450134
The father appealed against the refusal of an order for the return of a child, the mother having brought her here from Australia against the father’s wishes. Held: The appeal succeeded. The crucial question as being whether the mother’s anxieties were realistically and reasonably held. Judges: Thorpe, Longmore, McFarlane LJJ Citations: [2011] EWCA Civ 1385, … Continue reading S v C: CA 2 Dec 2011
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
Power of court to make interim order for local authority to safeguard welfare of a child subject to an application under the Act. Citations: [2003] EWHC 3065 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 16 September 2022; Ref: scu.201647
Judges: neuberger LJ Citations: [2006] EWCA Civ 836 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 16 September 2022; Ref: scu.242669
Citations: [2011] ScotCS CSOH – 83 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Scotland, Children Updated: 13 September 2022; Ref: scu.440143
Judges: Mostyn J Citations: [2021] EWHC 315 (Fam), [2021] WLR(D) 122 Links: Bailii, WLRD Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 11 September 2022; Ref: scu.659363
The father applied for the return of his children with him to Israel. Judges: Macur J Citations: [2008] EWHC 3473 (Fam), [2009] Fam Law 1126, [2009] 2 FLR 298 Links: Bailii Statutes: Child Abduction & Custody Act 1985 Jurisdiction: England and Wales Children Updated: 06 September 2022; Ref: scu.431748
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
Judges: Mrs Justice Theis Citations: [2022] EWHC 1429 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 31 August 2022; Ref: scu.680274
Judges: The Honourable Mr Justice Macdonald Citations: [2022] EWHC 1827 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 27 August 2022; Ref: scu.680289
The 17 year old daughter applied to be joined in proceedings brought by her father for the return to Australia of her 11 year old brother. Held: She was to be joined as a pert Judges: Baker J Citations: [2009] EWHC 3288 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985, Hague Convention on … Continue reading W v W: FD 10 Dec 2009
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
Judges: McFarlane J Citations: [2007] EWHC 2814 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Cited by: See Also – Re G (Abduction: Withdrawal of Proceedings, Acquiescence, and Habitual Residence) FD 30-Nov-2007 . . Lists of cited by and citing cases may be incomplete. Children Updated: 16 August 2022; … Continue reading In re G (Surrogacy: Foreign Domicile): FD 28 Nov 2007
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
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
Hearing of a request from the Hague District Court for an order under the 1985 Act. Judges: Sir Christopher Sumner Citations: [2009] EWHC 636 (Fam), [2009] 4 All ER 641, [2009] Fam Law 917, [2009] 3 FCR 95 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Children, International Updated: 28 July 2022; Ref: scu.347341
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
Judges: Charles J Citations: [2008] EWHC 363 (Fam), [2008] 2 FLR 293, [2008] Fam Law 499 Links: Bailii Statutes: Child Abduction and Custody Act 1985, Children Act 1989, Supreme Court Act 1981 Jurisdiction: England and Wales Children Updated: 26 July 2022; Ref: scu.276697
Judges: Sir Mark Potter P Citations: [2009] EWHC 1066 (Fam), [2010] 1 FLR 57, [2009] Fam Law 1017 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 25 July 2022; Ref: scu.376021
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
Judges: Charles J Citations: [2008] EWHC 1798 (Fam), [2008] 2 FLR 1918, [2008] Fam Law 971 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 21 July 2022; Ref: scu.278655
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US. Held: Because the child’s identity had been hidden, that period could not be counted as settled existence … Continue reading Cannon v Cannon: CA 19 Oct 2004
Judges: Charles J Citations: [2012] EWHC 3127 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 15 July 2022; Ref: scu.466937
The father came to England and met the mother. They had a family, moving to Australia after the birth of the first child and moved back to England. AFter they flew back to Australia, the mother again returned to England with the children. The father now sought their return. Held: Before leaving for Australia on … Continue reading E v E: FD 20 Feb 2007
Application under the Child Abduction and Custody Act 1985 for an order pursuant to Art 12 of the Hague Convention on the Civil Aspects of International Child Abduction (hereafter the 1980 Convention) directing the summary return of Ruby Margaret McKay-Uhd, born in December 2015 and now aged 3 years old, to the jurisdiction of Australia. … Continue reading Uhd v Mckay: FD 15 May 2019
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
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
Judges: Cobb J Citations: [2016] EWHC 1227 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 12 July 2022; Ref: scu.565533
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
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
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
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
The mother sought the return of her children to France. Her summons had been dismissed after balancing the policy of the Convention against the strength of the child’s objection to return together with certain welfare considerations. The discretionary balance was weighted against the making of a return order. Held: The appeal succeeded. The welfare considerations … Continue reading Vigreux v Michel and Another: CA 18 May 2006
A lesbian couple had split up and disputed the care of the children. An order had been made but then, in breach of that order, one removed the children overnight to Cornwall. An argument was made that the court had failed to give proper weight to the considerations from the 1989 Act and had ignored … Continue reading CG v CW and Another (Children): CA 6 Apr 2006
Citations: [2004] EWHC 1247 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 28 June 2022; Ref: scu.221042
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
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
The mother had unlawfully and against the father’s wishes, brought the child to the UK from the US. She hid their identity and whereabouts for a year, and resisted the father’s request for his return to the US, saying the child was settled here. Held: The court rejected the orthodoxy that the phrase ‘the child … Continue reading Re C (Abduction: Settlement): FD 28 May 2004
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
Citations: [2002] ScotCS 330 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: Scotland Children, International Updated: 08 June 2022; Ref: scu.189739
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
Citations: [2001] ScotCS 103 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Scotland, Children, International Updated: 04 June 2022; Ref: scu.164177
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
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
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
Citations: [2019] ScotCS CSOH – 4 Links: Bailii Jurisdiction: Scotland Children, International Updated: 26 May 2022; Ref: scu.634468
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
Judges: Butler-Sloss P Citations: Unreported, 8 October 1990 Statutes: Child Abduction and Custody Act 1985 12 Jurisdiction: England and Wales Cited by: Cited – Re N (Minors) (Abduction) FD 2-Jan-1991 The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the … Continue reading M v M: FD 8 Oct 1990
Judges: Baker J Citations: [2011] EWHC 3882 (Fam) Links: Bailii Statutes: Child Abduction Custody Act 1985 Jurisdiction: England and Wales Children Updated: 23 May 2022; Ref: scu.460536
Judges: Lord Justice McFarlane Citations: [2014] EWCA Civ 275 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 20 May 2022; Ref: scu.522393
Judges: Baker J Citations: [2015] EWHC 2824 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 19 May 2022; Ref: scu.553908
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
The family had moved to Australia from England. Within weeks the father moved out of the house at the mother’s suggestion. The father took the child to England on 10 July. Johnson J had held at first instance that by 21 May the family were habitually resident in Australia. That finding was challenged on appeal. … Continue reading Re F (A Minor) (Child Abduction): CA 1992
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
Citations: [1994] SC 45 Statutes: Child Abduction and Custody Act 1985 5 Citing: Approved – Re N (Minors) (Abduction) FD 2-Jan-1991 The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the degree of settlement which has to be demonstrated? There … Continue reading Perrin v Perrin: IHCS 1994
The mother of a child sought return of her son to Australia. The child was born in New Zealand, then came to England and the family then went to Australia. The father brought him back to England by subterfuge. He now denied the child had any habitual residence in Australia, and asserted that he would … Continue reading V v B (A Minor) (Abduction): 1991
Citations: [2022] EWHC 739 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 12 May 2022; Ref: scu.675954
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
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
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
The court considered what would constitute a child being ‘settled’ under the 1985 Act: ‘I now turn to the last matter, which is art. 12, as to whether in these circumstances it has been demonstrated that Katharine in now settled in her new environment. Mr Karsten submitted that the President made no finding on this … Continue reading Re S (A Minor) (Abduction): CA 1991
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
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 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
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
Citations: [2021] EWFC B80 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 06 May 2022; Ref: scu.670975
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
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
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
The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the degree of settlement which has to be demonstrated? There is some force, I find, in the argument that legal presumptions reflect the norm, and the presumption under the Convention is … Continue reading Re N (Minors) (Abduction): FD 2 Jan 1991
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
Order returning child is final order, and any appeal is to the Court of Appeal not to the Family Division. Citations: Ind Summary 22-Aug-1994 Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 28 April 2022; Ref: scu.85825
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
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
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
Citations: [2017] EWHC 3814 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children, International Updated: 26 April 2022; Ref: scu.621038
Citations: [2018] ScotCS CSOH – 56 Links: Bailii Jurisdiction: Scotland Children Updated: 22 April 2022; Ref: scu.616868
The application of Hague Convention to child abduction was a statutory function. If the facts fell within the statute, the order should be made. In such cases the interests of the particular child may not be paramount because of the need to protect other children by enforcement of the Act. Such proceedings are neither adversarial, … Continue reading Re N (A Minor): CA 22 Feb 1993
Judges: His Honour Judge Edward Hess (Sitting as a Deputy High Court Judge) Citations: [2021] EWHC 3506 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 08 April 2022; Ref: scu.670693
Citations: [2017] EWHC 3559 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 06 April 2022; Ref: scu.606363
