(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
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
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
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
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
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
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 appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 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
Unreasonable Behaviour must reach criteria W appealed against the judge’s refusal to grant a decree of divorce. He found that the marriage had broken down irretrievably, but did not find that H had behaved iin such a way that she could not reasonably be expected to live with H. Held: W’s appeal failed. ‘What the … Continue reading Owens v Owens: CA 24 Mar 2017
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