B (A Child) (Abduction: Habitual Residence): CA 10 Sep 2020
[2020] EWCA Civ 1187, [2020] WLR(D) 498 Bailii, WLRD Hague Child Abduction Convention 1980 England and Wales Children Updated: 23 December 2021; Ref: scu.653891
Search Results for: Hague Convention 1980
In re H (Minors): CA 20 Aug 1990
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
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: (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
In re S (Minors) (Child Abduction: Wrongful Retention): FD 1993
The parents of S were Israeli citizens living in Israel. They had equal parental rights and responsibilities under Israeli law. They brought their two children to England intending to reside here for one year and then return to Israel. The father returned to Israel early and commenced proceedings for divorce. The mother remained in England … Continue reading In re S (Minors) (Child Abduction: Wrongful Retention): FD 1993
OL v PQ: ECJ 8 Jun 2017
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
A (Area of Freedom, Security and Justice): ECJ 2 Apr 2009
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
Lopez-Guio v Slovakia: ECHR 3 Jun 2014
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
CB v CB: FD 10 Apr 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
In re D (a Child): FD 2006
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
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
Hamilton and others v Allied Domecq Plc (Scotland): HL 11 Jul 2007
The pursuers had been shareholders in a company which sold spring water. The defenders took shares in the company in return for promises as to the promotion and distribution of the bottled water. The pursuers said that they had failed to promote it in the way promised. The company failed. At first instance the judge … Continue reading Hamilton and others v Allied Domecq Plc (Scotland): HL 11 Jul 2007
Re F (A Child): CA 19 Mar 2009
[2009] EWCA Civ 416, [2009] Fam Law 785, [2009] 2 FLR 1023 Bailii Hague Convention of 1980 England and Wales Children Updated: 30 November 2021; Ref: scu.346211
In re LC (Children): SC 15 Jan 2014
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
Owens v Owens: CA 24 Mar 2017
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
AR v RN (Scotland): SC 22 May 2015
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
In re O (Children): CA 16 Feb 2011
The family had Nigerian nationality, but the father also had US nationality. After the split, M wanted to live with the children in Nigeria, and F wanted them with him in the US. On M’s visit to the UK from Nigeria with the children, the father began child abduction proceedings which had kept M and … Continue reading In re O (Children): CA 16 Feb 2011
Mercredi v Richard Chaffe (Area of Freedom, Security And Justice): ECJ 22 Dec 2010
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
In re J (a Minor) (Abduction: Custody rights): HL 1 Jul 1990
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
King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012
In Re H (Children) (Custody Rights: Jurisdiction): CA 29 Jul 2014
The father appealed against refusal of an order requiring the mother of his children to return them to this country from Bangladesh. Held: The appeal failed. There is no longer any rule that where two parents had parental responsibility for a child, neither could unilaterally change the child’s habitual residence. The proper approach was a … Continue reading In Re H (Children) (Custody Rights: Jurisdiction): CA 29 Jul 2014
In re K (A Child): SC 15 Mar 2014
Rights of Custody under Convention The Court was asked as to what were ‘rights of custody’ within the Convention. M had at first left her child with the maternal grandmother in an informal but long term arrangement in Latvia when M moved to Northern Ireland. Later M removed the child to Northern Ireland against the … Continue reading In re K (A Child): SC 15 Mar 2014
Olutu v Home Office: CA 29 Nov 1996
The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim. Held: Her action failed. The availablility of a remedy by way of judicial review for a breach of statutory duty is … Continue reading Olutu v Home Office: CA 29 Nov 1996
C v M: ECJ 9 Oct 2014
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
Re B (A Child): SC 3 Feb 2016
Habitual Residence of Child not lost (Orse In re B (A Child) (Reunite International Child Abduction Centre intervening)) The Court considered the notion of habitual residence. The British girl with same sex parents had been taken to Pakistan, and her mother here sought her return. The other mother said that she was no longer habitually … Continue reading Re B (A Child): SC 3 Feb 2016
Re A (A Child): FD 16 Oct 2020
The mother seeks an order for the summary return of A to the jurisdiction of Italy pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’). Her case is that A was wrongfully removed . .
Re S (A Child): CA 17 Jul 2020
Mother’s appeal from a return order made under the 1980 Hague Child Abduction Convention.
Held: Granted . .
Re B (A Child : Abduction: Article 13(B)): CA 11 Aug 2020
Appeal by the mother from the order refusing to set aside a return order that she had previously made under the 1980 Hague Child Abduction Convention by which she had ordered the mother to return the parties’ child to Bosnia Herzegovina.
Held: . .
MR v HS: FD 5 Feb 2015
Application by the father in proceedings under the Hague Convention. . .
