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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

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 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

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

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 M (Children): CA 12 Sep 2007

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

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

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

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

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

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

In re G (A Child) (Custody Rights: Unmarried Father): FD 28 Oct 2002

The parents were unmarried, living together in England. After the separation, the mother returned to Ireland with the child without informing the father who had continued direct involvement in the child’s care. He now sought an order under the Convention. Held: In the absence of a parental responsibility order an unmarried father could not acquire … Continue reading In re G (A Child) (Custody Rights: Unmarried Father): FD 28 Oct 2002

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

In re J (a child) (Child returned abroad: Convention Rights, Human Rights): CA 2 Apr 2004

The mother resisted an order requiring her to return to Saudi Arabia her child, saying that his human rights would be breached in Saudi. Held: The court could apply the convention only as regards actions which would take place in a convention country. Speed was essential in dealing with international child abduction cases. Whilst there … Continue reading In re J (a child) (Child returned abroad: Convention Rights, Human Rights): CA 2 Apr 2004

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 O (Abduction: Consent and Acquiescence): FD 1997

Judges: Bennett J Citations: [1997] 1 FLR 924 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 12 13 Citing: Disappoved – In re C (Abduction: Consent) FD 1996 The Convention specifically placed the issue of consent within article 13. . . Lists of cited by and citing cases may be incomplete. Children … Continue reading In re O (Abduction: Consent and Acquiescence): FD 1997

T v T (Abduction: Consent): FD 1999

Judges: Charles J Citations: [1999] 2 FLR 912 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 12 13 Citing: Approved – In re C (Abduction: Consent) FD 1996 The Convention specifically placed the issue of consent within article 13. . . Lists of cited by and citing cases may be incomplete. Children … Continue reading T v T (Abduction: Consent): FD 1999

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 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 K (Abduction: Consent: Forum Conveniens): 1995

An application was made to stay proceedings here for the return of a child to the other parent’s country of jurisdiction on the ground that the question has already been determined, or that it is more appropriate for it to be determined, in proceedings in another jurisdiction. Held: Section 5 might be used for that … Continue reading In Re K (Abduction: Consent: Forum Conveniens): 1995

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 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 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

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

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

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 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

Re L (A Child): FD 6 Sep 2021

Application by a father for the return of his nine year old daughter, L, to Portugal pursuant to the Convention of the Civil Aspects of International Child Abduction 1980. Judges: The Honourable Mrs Justice Judd Citations: [2021] EWHC 2451 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 09 February 2022; Ref: scu.669904

KK (A Child), Re Judicial Review: FDNI 10 Jun 2013

Maternal Grandparents sought a declartion requiring the return to Latvia of their grandson, who had been brought forcibly to NI by his mother, he having lived with them in Latvia for several years. Maguire J Bailii Child Abduction and Custody Acy 1985, Convention on the Civil Aspects of International Child Abduction England and Wales Citing: … Continue reading KK (A Child), Re Judicial Review: FDNI 10 Jun 2013

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

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

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

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) (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

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

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

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 . .

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

AB v CD: FD 25 Feb 2021

Judges: Mr David Lock QC Citations: [2021] EWHC 375 (Fam) Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction, Council Regulation (EC) No 2201/2003 Jurisdiction: England and Wales Children, European Updated: 11 September 2022; Ref: scu.659361

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

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

MM v VM (Also VRM): FD 26 Jul 2007

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

AF v HS: FD 15 Oct 2015

Judges: Holman J Citations: [2015] EWHC 2968 (Fam) Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction Jurisdiction: England and Wales Children Updated: 28 June 2022; Ref: scu.554078

In Re K (A Minor) (Removal From Jurisdiction: Practice): CA 2 Sep 1999

Hearings involving the temporary removal of a child to a non-Convention country needed full preparation, and must be heard by a Family Division judge. The magnitude of the risks and the irretrievable consequences required this. Care should be taken to implement the fullest safeguards, and if necessary expert evidence on the practicality of enforcing such … Continue reading In Re K (A Minor) (Removal From Jurisdiction: Practice): CA 2 Sep 1999

Mozes v Mozes: 9 Jan 2001

United States Court of Appeals, Ninth Circuit Judges: KOZINSKI and THOMAS, Circuit Judges, and ILLSTON, District Judge Citations: [2001] USCA9 16, 239 F.3d 1067 (9th Cir. 2001) Links: Worldlii Statutes: Hague Convention on the Civil Aspects of International Child Abduction Jurisdiction: United States Cited by: Cited – A v A and another (Children) (Children: Habitual … Continue reading Mozes v Mozes: 9 Jan 2001

In Re K (A Minor) (Removal From Jurisdiction: Practice): FD 29 Jul 1999

Where a child was subject to a contact order, and one parent sought to take the child abroad on holiday to a country which was not a signatory to the Convention, that application should be dealt with by a High Court Judge, and must be thoroughly prepared and investigated, since the risk of the parent … Continue reading In Re K (A Minor) (Removal From Jurisdiction: Practice): FD 29 Jul 1999

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

WA v AS: FD 21 Sep 2021

Application pursuant to the Hague Convention on the Civil Aspects of International Child Abduction for the return of three children to Sweden, which is undoubtedly their state of habitual residence. Judges: Mr Justice Holman Citations: [2021] EWHC 2659 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 24 March 2022; Ref: scu.669907

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

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

AT v SS: FD 29 Sep 2015

Application by S’s father, AT for the summary return of S to Holland pursuant to the provisions of the Hague Convention on the Civil Aspects of International Child Abduction. MacDonald J [2015] EWHC 2703 (Fam) Bailii England and Wales Children, International Updated: 04 January 2022; Ref: scu.552887

MA v Austria: ECHR 15 Jan 2015

Article 8 Positive obligations Article 8-1 Respect for family life Failure to conduct return proceedings under Brussels IIa regulation expeditiously and efficiently: violation Facts – The applicant is an Italian national whose partner (the first applicant in the case of Povse v. Austria*) removed their daughter from Italy, where the family lived, to Austria in … Continue reading MA v Austria: ECHR 15 Jan 2015

Snetzko v Snetzko: 27 Jun 1996

(Ontario – Superior Court of Justice) APPEAL – Grounds – Factual findings by trial judge – Deference to trial judge’s factual determinations and findings – Where trial judge has had chance to observe witnesses while testifying and to draw conclusions about credibility, appeal court should not interfere in those factual findings, especially in child custody … Continue reading Snetzko v Snetzko: 27 Jun 1996

Hoholm v Slovakia: ECHR 13 Jan 2015

The applicant alleged in particular that, contrary to the requirements of Article 6.1 of the Convention, he had been denied a hearing within a reasonable time in respect of the claim he had lodged in Slovakia for the return of his children (‘the children’) to the Kingdom of Norway under the Convention on the Civil … Continue reading Hoholm v Slovakia: ECHR 13 Jan 2015

In re G (A Minor) (Enforcement of Access Abroad): CA 1993

The Convention did not provide for mutual enforcement of access rights, and when determining matters of access relating to access to children to whom the Convention applied English courts are entitled to apply the Children Act 1989, and to consider the child’s welfare as paramount. F’s child was brought by M to live in England … Continue reading In re G (A Minor) (Enforcement of Access Abroad): CA 1993

Re B (A Minor : Habitual Residence): FD 24 Aug 2016

Hayden J said: ‘In assessing whether a child has lost a pre-existing habitual residence and gained a new one, the court must weigh up the degree of connection which the child had with the state in which he resided before the move.’ Hayden J [2016] EWHC 2174 (Fam), [2016] 4 WLR 156, [2016] WLR(D) 471 … Continue reading Re B (A Minor : Habitual Residence): FD 24 Aug 2016

OL v PQ: ECJ 8 Jun 2017

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – International child abduction – The Hague Convention of 25 October 1980 – Regulation (EC) No 2201 / 2003 – Article 11 – Application for return – … Continue reading OL v PQ: ECJ 8 Jun 2017

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