Es, Re Orders Under Child Abduction and Custody Act 1985 v Eml: SCS 12 May 2017
Citations: [2017] ScotCS CSOH – 79 Links: Bailii Jurisdiction: Scotland Scotland Updated: 28 March 2022; Ref: scu.591967
Citations: [2017] ScotCS CSOH – 79 Links: Bailii Jurisdiction: Scotland Scotland Updated: 28 March 2022; Ref: scu.591967
Citations: [2017] ScotCS CSOH – 66 Links: Bailii Jurisdiction: Scotland Scotland Updated: 28 March 2022; Ref: scu.591952
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
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
Judges: Lord Kingarth Links: ScotC Statutes: Child Abduction and Custody Act 1985 Jurisdiction: Scotland Children Updated: 05 February 2022; Ref: scu.219394
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
[2011] ScotCS CSOH – 208 Bailii Child Abduction and Custody Act 1985 Scotland Children Updated: 19 January 2022; Ref: scu.450133
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
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
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
[2015] ScotCS CSOH – 130 Bailii Child Abduction and Custody Act 1985 Scotland Children Updated: 09 January 2022; Ref: scu.558114
F applied for an order for the return to Malta of the couple’s daughter. M appealed saying that the judge had erred when meeting the daughter having gone beyond the permitted limits. The daughter had objected to being returned, but the judge had decided that she was ambivalent about the return. Held: Moore-Bick, Black, McFarlane … Continue reading Re KP (A Child) (Abduction: Rights of Custody): CA 1 May 2014
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 Honourable Mr Justice Macdonald [2021] EWHC 3231 (Fam) Bailii Children Abduction and Custody Act 1985 England and Wales Children Updated: 05 January 2022; Ref: scu.670688
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
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
Judgment on the applicant father’s application for an order that his daughter Kate, who is now aged 14, be returned forthwith to Malta pursuant to Article 12 of the Hague Convention on the International Aspects of Child Abduction 1980, as incorporated domestically by the Child Abduction and Custody Act 1985. Held: Mostyn J said: ‘there … Continue reading SP (Father) v EB (Mother) and Another: FD 26 Nov 2014
(Extra Division, Inner House – Opinion of Lord Malcolm) – appeal in application for order of return of two children to their father in France. The partis disputed whether Scotland had become habitually resident in Scotland, and also whether the father had consented to their removal to Scotland. Held: The Lord ordinary granted the appeal … Continue reading AR, Re An Order Under The Child Abduction and Custody Act 1985: SCS 14 Nov 2014
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
‘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 child had been removed to NI by his mother. She had left him as a baby with her parents in Latvia, and they had cared for him under an informal arrangement for several years. M had taken the boy from the street in Latvia. The grandparents sought a declaration that Karl was being wrongfully … Continue reading VK and AK v CC: CANI 19 Feb 2014
Mr Teertha Gupta Qc [2021] EWHC 2643 (Fam) Bailii Child Abduction Custody Act 1985 England and Wales Children Updated: 15 December 2021; Ref: scu.669901
For the purposes of Article 13 of the Convention, the question whether the wronged parent has ‘acquiesced’ in the removal or retention of the child depends upon his actual state of mind of the parent: ‘the court is primarily concerned, not with the question of the other parent’s perception of the applicant’s conduct, but with … Continue reading In re S (Minors) (Abduction: Acquiescence): 1994
Erroneous legal advice may be taken into account when deciding whether there had been acquiescence. Times 16-Feb-1994 Child Abduction and Custody Act 1985 Sch 1 England and Wales Children Updated: 13 December 2021; Ref: scu.82181
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
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
[2013] ScotCS CSOH – 187 Bailii Child Abduction and Custody Act 1985 Scotland, Children Updated: 27 November 2021; Ref: scu.519241
Hogg J [2013] EWHC 4149 (Fam) Bailii Child Abduction and Custody Act 1985 England and Wales Children Updated: 21 November 2021; Ref: scu.526380
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
[2013] NIFam 3 Bailii Northern Ireland, Children Updated: 14 November 2021; Ref: scu.511121
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 mother appealed against an order confirmed by the Court of Appeal for the return of her child to Australia. The mother and father had cohabited in Sydney, before M returned with S without F’s consent or the permission of an Australian court. The court had found that M faced significant risk of abuse from … Continue reading Re S (A Child): SC 14 Mar 2012
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 father sought leave to appeal against care orders made in respect of his three children. The family were Pakistani Pathan muslims. There had been disputes and violence within the extended family. One family member sought protection but was now alleged herself to be responsible for threats and violence. After a fire, the children were … Continue reading AM v Local Authority and Another; Re B-M (Care Orders): CA 16 Mar 2009
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
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 . .
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The mother had wrongfully removed the children from Australia to this country. The father wrote to the mother saying that ‘I think you know that what you have done is illegal, but I’m not going to fight it’ and generally giving the impression that . .
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
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. . .
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