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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 . .

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

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 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 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 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

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 (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 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

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 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

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

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

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

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 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

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

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

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

O v O: FD 21 Aug 2013

(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

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

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

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

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

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

W v F: FD 4 Apr 2007

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 . .

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

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

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

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