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VB v TR: FD 7 Apr 2020

Status of Bermuda – whether part of UK for 1985 Act purposes. Judges: Mr Justice Mostyn Citations: [2020] EWHC 877 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 19 November 2022; Ref: scu.650027

Klentzeris v Klentzeris: CA 10 May 2007

In the exercise of a discretion under the Hague Convention in a child’s objections case, an additional test or requirement of ‘exceptionality’ is appropriate when the Court comes to weigh the policy considerations underlying the Convention against the general welfare considerations affecting the child in the individual case. Citations: [2007] EWCA Civ 533, [2007] 2 … Continue reading Klentzeris v Klentzeris: CA 10 May 2007

FB v MG: FD 21 Oct 2022

The father sought the summary return of child S to Israel. Judges: The Honourable Mr Justice Cobb Citations: [2022] EWHC 2677 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 31 October 2022; Ref: scu.682241

AB v BB: FD 27 Jul 2022

Judges: Mr David Lock QC Citations: [2022] EWHC 1965 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 23 October 2022; Ref: scu.681132

TY v HY (Return Order): FD 17 Apr 2019

F sought a summary order for the return of his 2 year old daughter to Israel. M claimed habitual residence within the UK. Held: The court had ‘considerable concerns regarding the credibility of the mother’s evidence’. She made several allegations of abuse, for which the evidence was not Judges: MacDonald J Citations: [2019] EWHC 1310 … Continue reading TY v HY (Return Order): FD 17 Apr 2019

B v N: FD 25 May 2022

Judges: Mrs Justice Theis Citations: [2022] EWHC 1429 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 31 August 2022; Ref: scu.680274

K v N: FD 13 Jul 2022

Judges: The Honourable Mr Justice Macdonald Citations: [2022] EWHC 1827 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 27 August 2022; Ref: scu.680289

In re G (Surrogacy: Foreign Domicile): FD 28 Nov 2007

Judges: McFarlane J Citations: [2007] EWHC 2814 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Cited by: See Also – Re G (Abduction: Withdrawal of Proceedings, Acquiescence, and Habitual Residence) FD 30-Nov-2007 . . Lists of cited by and citing cases may be incomplete. Children Updated: 16 August 2022; … Continue reading In re G (Surrogacy: Foreign Domicile): FD 28 Nov 2007

AAA v ASH: FD 27 Mar 2009

Hearing of a request from the Hague District Court for an order under the 1985 Act. Judges: Sir Christopher Sumner Citations: [2009] EWHC 636 (Fam), [2009] 4 All ER 641, [2009] Fam Law 917, [2009] 3 FCR 95 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Children, International Updated: 28 July 2022; Ref: scu.347341

PF v EM: FD 6 Feb 2008

Judges: Ryder J Citations: [2008] EWHC 1467 (Fam), [2008] Fam Law 970, [2008] 2 FLR 1263 Links: Bailii Statutes: Child Abduction and Custody Act 19859 Jurisdiction: England and Wales Children Updated: 24 July 2022; Ref: scu.278548

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

Judges: Roderic Wood J Citations: [2007] EWHC 1820 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985, Hague Convention on the Civil Aspects of International Child Abduction Jurisdiction: England and Wales Cited by: Appeal from – Re M (Children) CA 12-Sep-2007 . .At first instance – Re M and another (Children) (Abduction; Rights of … Continue reading MM v VM (Also VRM): FD 26 Jul 2007

E v D: FD 12 Apr 2022

Judges: The Honourable Mr Justice Macdonald Citations: [2022] EWHC 1216 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Family Updated: 09 July 2022; Ref: scu.678399

TS v DMM: FD 23 May 2022

Application by the father, for the summary return of a child, C, now 22 months old, to Poland, pursuant to the Child Abduction and Custody Act 1985 Judges: Mr Geoffrey Kingscote QC Citations: [2022] EWHC 1145 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 17 June 2022; … Continue reading TS v DMM: FD 23 May 2022

CC v ME: FC 15 Dec 2021

Citations: [2021] EWFC B80 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 06 May 2022; Ref: scu.670975

P v P (Diplomatic Immunity: Jurisdiction): CA 25 Mar 1998

A declaration as to abduction will not be made if the only real purpose of the application was to delay a foreign court seised of the matter making a decision. Citations: Times 25-Mar-1998, Gazette 16-Apr-1998 Statutes: Child Abduction and Custody Act 1985 8 Jurisdiction: England and Wales Citing: Appeal from – P v P (Diplomatic … Continue reading P v P (Diplomatic Immunity: Jurisdiction): CA 25 Mar 1998

CC v ME: FD 15 Dec 2021

Judges: His Honour Judge Edward Hess (Sitting as a Deputy High Court Judge) Citations: [2021] EWHC 3506 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 08 April 2022; Ref: scu.670693

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

De L v H: FD 3 Dec 2009

Sir Mark Potter, the President of the Family Division [2009] EWHC 3074 (Fam), [2010] 1 FLR 1229, [2010] Fam Law 328 Bailii Child Abduction and Custody Act 1985, Council Regulation (EC) No 2201/2003 (B2R) England and Wales Children Updated: 12 December 2021; Ref: scu.381753

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

ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011