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 . .
The court was asked to make an order for return of three children from the Sudan. Held: The court emphasised ‘the importance of according to each state liberty to determine the family justice system and principles that it deems appropriate to protect the child and to serve his best interests’ and ‘the further development of … Continue reading Osman v Elasha: CA 24 Jun 1999
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
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 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
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 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
Court to be satisfied that courts of a non-convention country will take proper care of child before returning him after abduction. Citations: Times 03-Jul-1997 Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980 Jurisdiction: England and Wales Children Updated: 05 November 2022; Ref: scu.81621
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
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
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
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
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
Application under the Hague Convention on the Civil Aspects of International Child Abduction. Citations: [2015] EWFC 76 Links: Bailii Jurisdiction: England and Wales Children Updated: 29 August 2022; Ref: scu.552789
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
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
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
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
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
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
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
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
(Canada) There was a choice open to the trial judge facing a contest for the custody of a child: ‘It is possible that a case might arise in which it appeared to a court, before which the question of custody of an infant came, that it was in the best interests of that infant that … Continue reading McKee v McKee: PC 15 Mar 1951
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
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
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
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: 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
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
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
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
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
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
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
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
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
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
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 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
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
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
Application by a father for the return of his daughter to Poland pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. Citations: [2018] EWHC 997 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 24 April 2022; Ref: scu.618399
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
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
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
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
(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
FLW Appeal against Judge’s exercise of discretion to refuse a return order. Appeal allowed. Judges: Thorpe, Wall, Neuberger LJJ Citations: [2005] EWCA Civ 1012 Statutes: Hague Convention on the Civil Aspects of International Child Abduction Jurisdiction: England and Wales Children, International Updated: 06 February 2022; Ref: scu.599754
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 R, a girl born in 2012 and now aged 9 and H, a girl born in 2019 and … Continue reading K v T (Habitual Residence): FD 11 Jun 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
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
The Honourable Mr Justice Macdonald [2019] EWHC 1019 (Fam) Bailii Child Abduction and Custody Act 1985, 1908 Hague Convention on the Civil Aspects of International Child Abduction England and Wales Children Updated: 07 January 2022; Ref: scu.639747
Appeal against order for return of four children to Australia. Moore-Bick VP CA, Richards, Black LJJ [2015] EWCA Civ 1022 Bailii 1980 Hague Convention on the Civil Aspects of International Child Abduction England and Wales Children, International Updated: 04 January 2022; Ref: scu.553478
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
F sought the summary return of B to France. MacDonald J [2015] EWHC 2047 (Fam) Bailii Hague Convention on the Civil Aspects of International Child Abduction 1980, Council Regulation (EC) No 2201/2003 Children, International Updated: 02 January 2022; Ref: scu.550350
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
The English mother and a New Zealander returned to New Zealand with her son, and their own daughter was born there. The mother and children returned to England for a holiday but when the son said he did not wish to return, the mother decided to stay here. The father sought the return of his … Continue reading S v B and Y (A Minor): FD 4 May 2005
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
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
(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
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
The question was whether having removed child to another country by agreement, and later deciding to stay, there is then and there a wrongful retention, or whether his retention of the child cannot in law be wrongful until the date agreed for return arrives. Held: ‘the aeroplane lands and the child is not among those … Continue reading Falk v Sinclair: 2010
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
The Hague Convention did not apply to wrongful acts of removal which had taken place before the 1985 Act came into force.Lord Donaldson MR said: ‘plainly the Act and Convention can only apply if the child is found in a different State from that in which it was habitually resident’ Lord Donaldson MR Independent 20 … Continue reading In re H (Minors): CA 20 Aug 1990
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
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
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
‘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
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
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
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
(Child Abduction: Return to Third Country) Keehan J [2013] EWHC 2970 (Fam), [2014] Fam 87, [2014] 2 WLR 1213, [2014] 1 FLR 1406, Bailii England and Wales Citing: Cited – 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: … Continue reading O v O: FD 21 Aug 2013
(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
Application under the Hague Convention on the Civil Aspects of International Child Abduction 1980. Mr Justice Peter Jackson [2013] EWHC 2092 (Fam) Bailii England and Wales Children, International Updated: 12 December 2021; Ref: scu.513757
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
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
The test for determining whether a child was habitually resident in a place is whether there was some degree of integration by her (or him) in a social and family environment there, may the court, in making that determination in relation to an adolescent child who has resided, particularly if only for a short time, … Continue reading In re LC (Children): SC 15 Jan 2014
ECHR Grand Chamber – Article 8-1 Respect for family life Failure to conduct detailed examination of all relevant points when deciding whether to return a child pursuant to Hague Convention: violation Facts – The applicant lived in Australia and in 2005 gave birth to a daughter while living with her partner T. The child’s birth … Continue reading X v Latvia: ECHR 26 Nov 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
M had returned to the UK with her child on the strength of a US court order. F appealed successfully and now sought an order from the UK court for the return of the child. Held: F’s appeal against refusal of an order failed. Acting under the court order M had acted lawfully, and the … Continue reading DL v EL: CA 16 Jul 2013
The court was asked whether it should order the return to France of two little girls who have been living with their mother in Scotland since July 2013. The issue arose under article 3 of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, as incorporated into the law of the United … Continue reading AR v RN (Scotland): SC 22 May 2015
The family had Nigerian nationality, but the father also had US nationality. After the split, M wanted to live with the children in Nigeria, and F wanted them with him in the US. On M’s visit to the UK from Nigeria with the children, the father began child abduction proceedings which had kept M and … Continue reading In re O (Children): CA 16 Feb 2011
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
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
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
Rights of Custody under Convention The Court was asked as to what were ‘rights of custody’ within the Convention. M had at first left her child with the maternal grandmother in an informal but long term arrangement in Latvia when M moved to Northern Ireland. Later M removed the child to Northern Ireland against the … Continue reading In re K (A Child): SC 15 Mar 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
Application by the father in proceedings under the Hague Convention. . .
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
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
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 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
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