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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 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 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

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

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

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 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

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

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

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

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

R v R: FD 29 Apr 2016

Proceedings under the Hague Convention on the Civil Aspects of International Child Abduction 1980 MacDonald J [2016] EWHC 1339 (Fam), [2016] Fam Law 1093, [2018] 1 WLR 350, [2017] 1 FLR 1750 Bailii Child Abduction and Custody Act 1985 England and Wales Children Updated: 06 December 2021; Ref: scu.566434

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

Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019

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

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

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

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

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 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

C v B: FD 21 May 2021

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

AC v NC: FD 21 Apr 2021

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

ZM v NM: FD 21 Feb 2020

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

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

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

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

Lopez-Guio v Slovakia: ECHR 3 Jun 2014

ECHR Article 8-1 Respect for family life Lack of participation of a parent in proceedings concerning the return of his child under the Hague Convention: violation Facts – The applicant, a Spanish national, had a child with a Slovak woman in Spain. A year later the mother took the child to Slovakia. The applicant lodged … Continue reading Lopez-Guio v Slovakia: ECHR 3 Jun 2014

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

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

ECJ Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Matrimonial matters and parental responsibility – Child whose parents are not married – Concept of ‘habitual residence’ of an infant – Concept of ‘rights of custody’.A two month old baby born in England to unmarried parents and removed by her French mother to … Continue reading Mercredi v Richard Chaffe (Area of Freedom, Security And Justice): ECJ 22 Dec 2010

In re 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

C v M: ECJ 9 Oct 2014

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

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 . .

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