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
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
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
Judges: Mostyn J Citations: [2014] EWHC 1780 (Fam), [2014] Fam Law 1226, [2014] 1 WLR 4375 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 24 October 2022; Ref: scu.526363
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
This appeal concerns the relationship of the 1980 Hague Convention (the ‘1980 HC’) to asylum law. The 1980 HC is an international agreement incorporated into UK law which enables the prompt return of a wrongfully abducted child to his or her country of habitual residence. (1) Does a child named as a dependent on a … Continue reading G v G: SC 19 Mar 2021
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
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
Judges: Mostyn J Citations: [2021] EWHC 315 (Fam), [2021] WLR(D) 122 Links: Bailii, WLRD Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 11 September 2022; Ref: scu.659363
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
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
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
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
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
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
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
Judges: Charles J Citations: [2008] EWHC 1798 (Fam), [2008] 2 FLR 1918, [2008] Fam Law 971 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 21 July 2022; Ref: scu.278655
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US. Held: Because the child’s identity had been hidden, that period could not be counted as settled existence … Continue reading Cannon v Cannon: CA 19 Oct 2004
Judges: Charles J Citations: [2012] EWHC 3127 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 15 July 2022; Ref: scu.466937
The father came to England and met the mother. They had a family, moving to Australia after the birth of the first child and moved back to England. AFter they flew back to Australia, the mother again returned to England with the children. The father now sought their return. Held: Before leaving for Australia on … Continue reading E v E: FD 20 Feb 2007
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
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
Citations: [2004] EWHC 1247 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 28 June 2022; Ref: scu.221042
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
Citations: [2002] ScotCS 330 Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: Scotland Children, International Updated: 08 June 2022; Ref: scu.189739
Judges: Butler-Sloss P Citations: Unreported, 8 October 1990 Statutes: Child Abduction and Custody Act 1985 12 Jurisdiction: England and Wales Cited by: Cited – Re N (Minors) (Abduction) FD 2-Jan-1991 The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the … Continue reading M v M: FD 8 Oct 1990
Citations: [1994] SC 45 Statutes: Child Abduction and Custody Act 1985 5 Citing: Approved – Re N (Minors) (Abduction) FD 2-Jan-1991 The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the degree of settlement which has to be demonstrated? There … Continue reading Perrin v Perrin: IHCS 1994
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
Citations: [2017] EWHC 3814 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children, International Updated: 26 April 2022; Ref: scu.621038
The application of Hague Convention to child abduction was a statutory function. If the facts fell within the statute, the order should be made. In such cases the interests of the particular child may not be paramount because of the need to protect other children by enforcement of the Act. Such proceedings are neither adversarial, … Continue reading Re N (A Minor): CA 22 Feb 1993
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
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
Citations: [2017] EWHC 3559 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 06 April 2022; Ref: scu.606363
Judges: Cobb J Citations: [2019] EWHC 56 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 24 March 2022; Ref: scu.633225
Judges: Mr Justice MacDonald Citations: [2020] EWHC 1476 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 23 March 2022; Ref: scu.655259
Application under the Child Abduction and Custody Act 1985 and the Hague Convention 1980 for the return of the parties’ daughter, X to Spain. Judges: Mr Robert Peel QC Citations: [2020] EWHC 1599 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 03 February 2022; Ref: scu.655257
Judges: The Honourable Mr Justice Cobb Citations: [2020] EWHC 1903 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 01 February 2022; Ref: scu.655277
Judges: Cobb J Citations: [2017] EWHC 63 (Fam) Links: Bailii Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Children Updated: 29 January 2022; Ref: scu.573755
MacDonald J [2016] EWHC 2496 (Fam) Bailii Child Abduction and Custody Act 1985 England and Wales Children Updated: 24 January 2022; Ref: scu.570271
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
Application for summary return of child to Ireland The Honourable Mr Justice Macdonald [2021] EWHC 1439 (Fam) Bailii Child Abduction and Custody Act 1985 England and Wales Children Updated: 16 January 2022; Ref: scu.663804
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
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
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
Mr David Rees QC [2020] EWHC 3257 (Fam) Bailii Child Abduction and Custody Act 1985 England and Wales Children Updated: 12 December 2021; Ref: scu.657623
Gupta QC HHJ [2020] EWHC 3138 (Fam) Bailii Child Abduction and Custody Act 1985 England and Wales Children, International Updated: 11 December 2021; Ref: scu.657635
Russell J DBE [2016] EWHC 1282 (Fam) Bailii Child Abduction and Custody Act 1985 England and Wales Children Updated: 06 December 2021; Ref: scu.566435
Appliction by mother for return of children to Spain. Cobb J [2013] EWHC 1383 (Fam) Bailii Child Abduction and Custody Act 1985 England and Wales Children Updated: 06 December 2021; Ref: scu.510873
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
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 had jurisdiction to hear applications with regard to a child removed from Scotland. The father lived in Scotland, and the mother and child in England. The child had been habitually resident in Scotland and removed to . .
The father sought the return of the two children to Poland after they had been brought to England by the mother. She said that she had come to seek work as a dentist, and had been unable to support the family in Poland. She said that her Polish . .
F’s application for return of child to Italy. . .
Judges: Baker J Citations: [2011] EWHC 3882 (Fam) Links: Bailii Statutes: Child Abduction Custody Act 1985 Jurisdiction: England and Wales Children Updated: 23 May 2022; Ref: scu.460536
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
Application made by the applicant, RB, for an order for the summary return of her daughters D and B to Austria pursuant to the terms of the Convention on the Civil Aspects of International Child Abduction. Mostyn J [2015] EWHC 1817 (Fam) Bailii Civil Abduction and Custody Act 1985 England and Wales Children Updated: 02 … Continue reading RB v DB: FD 4 Jun 2015