Judges: Mr David Lock QC Citations: [2021] EWHC 375 (Fam) Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction, Council Regulation (EC) No 2201/2003 Jurisdiction: England and Wales Children, European Updated: 11 September 2022; Ref: scu.659361
M (British) and F (Norwegian) had their two daughters in Norway. M removed them to England saying that she feared F’s alleged psychological abuse of the children. She now appealed against an order for their return arguing that the exception to the need to make suich an order for cases where the child might be … Continue reading Eliassen and Another v Eliassen and Others: CA 1 Apr 2011
Judges: Thorpe, Elias LJJ Citations: [2011] EWCA Civ 272, [2011] 2 FLR 515, [2011] 2 FCR 177, [2011] Fam Law 584 Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980 Jurisdiction: England and Wales Citing: At ECJ – Mercredi v Richard Chaffe (Area of Freedom, Security And Justice) ECJ 22-Dec-2010 … Continue reading Mercredi v Chaffe: CA 17 Mar 2011
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
Application under the Hague Convention on the Civil Aspects of International Child Abduction. Citations: [2015] EWFC 76 Links: Bailii Jurisdiction: England and Wales Children Updated: 29 August 2022; Ref: scu.552789
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
The court summarised the principles as to the return of a child to a foreign country without conducting a full investigation of the merits: ‘To take a child from his native land, to remove him to another country where, maybe, his native tongue is not spoken, to divorce him from the social customs and contacts … Continue reading Re L (Minors) (Wardship: Jurisdiction): CA 1974
The court considered a child who was a German national. He was taken by his mother out of England where they had been living and where they had their habitual residence. The mother was sole custodian of the child. On the application of the father the child was made a ward of court and the … Continue reading In re B-M (Wardship: Jurisdiction): FD 1993
Judges: Sir Christopher Sumner Citations: [2009] EWHC 2721 (Fam), [2010] Fam Law 8, [2010] 1 FLR 1295 Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980 Jurisdiction: England and Wales Children Updated: 28 July 2022; Ref: scu.377903
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
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
The mother sought the return of her children to France. Her summons had been dismissed after balancing the policy of the Convention against the strength of the child’s objection to return together with certain welfare considerations. The discretionary balance was weighted against the making of a return order. Held: The appeal succeeded. The welfare considerations … Continue reading Vigreux v Michel and Another: CA 18 May 2006
(Canada) There was a choice open to the trial judge facing a contest for the custody of a child: ‘It is possible that a case might arise in which it appeared to a court, before which the question of custody of an infant came, that it was in the best interests of that infant that … Continue reading McKee v McKee: PC 15 Mar 1951
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
An application had been brought for an order to have a child returned to South Africa. The court had given the order subject to the father’s compliance with conditions set out in the order. The father had not complied. The mother sought an order discharging the first. Counsel and the judge had decided this could … Continue reading Walley v Walley: CA 22 Jun 2005
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
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
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
Application by a father for the return of his daughter to Poland pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. Citations: [2018] EWHC 997 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 24 April 2022; Ref: scu.618399
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
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
Third set of child abduction proceedings pursuant to the 1980 Hague Convention, brought in England in respect of two children, namely M, who is almost 10 years old and F, about six and a half years old. Judges: Francis J Citations: [2020] EWHC 2339 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 09 February … Continue reading Amine v Amine: FD 13 Jul 2020
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
(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
FLW Appeal against Judge’s exercise of discretion to refuse a return order. Appeal allowed. Judges: Thorpe, Wall, Neuberger LJJ Citations: [2005] EWCA Civ 1012 Statutes: Hague Convention on the Civil Aspects of International Child Abduction Jurisdiction: England and Wales Children, International Updated: 06 February 2022; Ref: scu.599754
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
Final hearing of the mother’s application for K’s summary return to Poland pursuant to the 1980 Hague Convention on the Civil Aspects of Child Abduction or, alternatively, pursuant to the inherent jurisdiction. The mother’s application was issued just over four years after the father wrongfully removed K from her mother’s care in Poland, where she … Continue reading WX v YZ and Another: FD 29 Jun 2020
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
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
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
In this action for the return of a child alleged to have been removed to this country, Holman J dicussed the inequality of the availability of legal aid to the parties: ‘Let me say at once that if the mother had been present today, the fact that she has still not obtained legal aid would … Continue reading PH v AH: FD 9 May 2016
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
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
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
F sought the summary return of B to France. MacDonald J [2015] EWHC 2047 (Fam) Bailii Hague Convention on the Civil Aspects of International Child Abduction 1980, Council Regulation (EC) No 2201/2003 Children, International Updated: 02 January 2022; Ref: scu.550350
The English mother and a New Zealander returned to New Zealand with her son, and their own daughter was born there. The mother and children returned to England for a holiday but when the son said he did not wish to return, the mother decided to stay here. The father sought the return of his … Continue reading S v B and Y (A Minor): FD 4 May 2005
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
(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
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
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
The question was whether having removed child to another country by agreement, and later deciding to stay, there is then and there a wrongful retention, or whether his retention of the child cannot in law be wrongful until the date agreed for return arrives. Held: ‘the aeroplane lands and the child is not among those … Continue reading Falk v Sinclair: 2010
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
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
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
(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
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
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
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
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
Jurisdiction of the Court of Protection PO, a lady in her late eighties lacked capacity to decide her own care. She had been habitually resident in Hertfordshire. Her daughters now challenged their brother who had moved her to a care home in Scotland when he himself moved there. An interim guardianship order had been made … Continue reading JO v GO and Others; re PO; Re O (Court of Protection: Jurisdiction): CoP 13 Dec 2013
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
The child’s mother (M) complained that the effective operation of the Hague Convention, in ordering the return of the applicant’s daughter to her habitual residence in the United States, M having taken her to France for the holidays and refused 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 . .
Application by the father in proceedings under the Hague Convention. . .
