Citations: [2018] EWHC 2406 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 28 March 2022; Ref: scu.633273

F sought the return of his children to Germany. They had lived there, but brought to the UK by M with F’s consent. She stayed for a year, and the court now considered where was their habitual residence. The judge considered that they had not lost their habitual residence in Germany. M appealed. Held: M’s … Continue reading M (Children : Habitual Residence : 1980 Hague Child Abduction Convention): CA 25 Aug 2020

[2018] EWFC 85 Bailii England and Wales Children Updated: 15 November 2021; Ref: scu.631831

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

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

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

Appeal brought under the 1980 Hague Abduction Convention. Citations: [2009] EWCA Civ 1103 Links: Bailii Jurisdiction: England and Wales Children Updated: 05 December 2022; Ref: scu.377232

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

Application for leave to appeal against refusal of a summary order requiring the return of a child to Mexico under the Convention. Judges: Thorpe, Longmore, McCombe LJJ Citations: [2013] EWCA Civ 148 Links: Bailii Statutes: Hague Abduction Convention 1980 Jurisdiction: England and Wales Children Updated: 14 November 2022; Ref: scu.471874

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

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

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

Citations: [2018] EWCA Civ 1226, [2018] 2 FCR 819, [2018] WLR(D) 321, [2018] 4 WLR 108, [2018] 4 All ER 806 Links: Bailii Jurisdiction: England and Wales Children Updated: 15 September 2022; Ref: scu.617310

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

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

The mother had brought the child from France to England. That removal was wrongful. The father, having begun proceedings in France, sought his return. Held: The father had not co-operated readily with the UK courts in bringing his application, causing excess delay. The return of the child was discretionary. In this case the child was … Continue reading In re L (A child) (Abduction: Jurisdiction): FD 9 Sep 2002

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

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: Baker J Citations: [2015] EWHC 2551 (Fam) Links: Bailii Statutes: Hague Child Abduction Convention 1980 Jurisdiction: England and Wales Children Updated: 28 June 2022; Ref: scu.552774

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

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 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

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

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 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

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

How should the courts of this country react when a child is brought here pursuant to an order made abroad in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction which is later over-turned on appeal? K was a child born in Texas and a US citizen. His father was a … Continue reading Re KL (A Child): SC 4 Dec 2013

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

The Convention specifically placed the issue of consent within article 13. Judges: Holman J Citations: [1996] 1 FLR 416 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 12 13 Cited by: Disappoved – In re O (Abduction: Consent and Acquiescence) FD 1997 . .Approved – T v T (Abduction: Consent) FD 1999 … Continue reading In re C (Abduction: Consent): FD 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

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

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

Whether TH is habitually resident in England or in the USA. Mr David Rees QC [2021] EWHC 3110 (Fam) Bailii Child Abduction and Custody Act 1985 England and Wales Children Updated: 10 January 2022; Ref: scu.669917

The Honourable Mr Justice Hayden [2021] EWHC 3467 (Fam) Bailii 1980 Hague Convention, Children Abduction and Custody Act 1985 England and Wales Children Updated: 03 January 2022; Ref: scu.670691

Richards, Black, Ryder LJJ [2015] EWCA Civ 26 Bailii Hague Convention on the Civil Aspects of International Child Abduction 1980 England and Wales Children Updated: 27 December 2021; Ref: scu.541913

[2020] EWCA Civ 1187, [2020] WLR(D) 498 Bailii, WLRD Hague Child Abduction Convention 1980 England and Wales Children Updated: 23 December 2021; Ref: scu.653891

The father sought the return of his son to Romania. The mother had brought him here without the father’s consent. The father said that a Romanian court had ordered his return, but the expert evidence as to the effect of the order was conflicting. Held: The child was to be returned to Romania. Hedley J … Continue reading In re D (a Child): FD 2006

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

Habitual Residence of Child not lost (Orse In re B (A Child) (Reunite International Child Abduction Centre intervening)) The Court considered the notion of habitual residence. The British girl with same sex parents had been taken to Pakistan, and her mother here sought her return. The other mother said that she was no longer habitually … Continue reading Re B (A Child): SC 3 Feb 2016

Mother’s appeal from a return order made under the 1980 Hague Child Abduction Convention.
Held: Granted . .

Appeal by the mother from the order refusing to set aside a return order that she had previously made under the 1980 Hague Child Abduction Convention by which she had ordered the mother to return the parties’ child to Bosnia Herzegovina.
Held: . .

Application by a father for an order under the Hague Child Abduction Convention for the return of his son to Israel. Judges: Baker J Citations: [2015] EWHC 2880 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 18 June 2022; Ref: scu.554073

Application made under The Hague Child Abduction Convention for the return of 1 child to New Zealand. Mr Darren Howe QC [2019] EWHC 1077 (Fam) Bailii England and Wales Children Updated: 29 December 2021; Ref: scu.639744

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

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

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