Tag: Children

S v B and Y (A Minor): FD 4 May 2005

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 daughter to New Zealand under the Hague Convention.
Held: The daughter was to be returned to New Zealand. Other family interests could not be subordinated to the family interest for which protection was sought under the Convention. The daughter clearly had art 8 rights to a family life, and an order for her return would infringe her human right to a family life with her mother. It was important in these cases for the parties to have their respective interests separately represented.

Sir Mark Potter
Times 17-May-2005, [2005] EWHC 733 (Fam)
Bailii
European Convention on Human Rights 88, Hague Convention on the Civil Aspects of International Child Abduction 1980
England and Wales

Children, Human Rights

Updated: 02 January 2022; Ref: scu.224918

Re S-B (Children): CA 9 Jul 2015

Appeal by RS (the mother), against a child arrangements order dismissing her aplication for prohibited steps order in relation to R and M, the children of the marriage between the mother and HS, the father.

Etherton Ch, Macur, King LJJ
[2015] EWCA Civ 705
Bailii
England and Wales

Children

Updated: 01 January 2022; Ref: scu.549779

In re S (A Child): CA 26 Feb 2015

The court was asked whether or not the judge in the present case was justified in ruling out the child’s paternal grandmother as a realistic option for the child’s long-term care, it being common ground that if she were not ruled out the option of placement with her would go forward for a full welfare evaluation up against the only other realistic option which is adoption.

Mooore-Bick, McFarlane, Vos LJJ
[2015] EWCA Civ 325, [2016] 1 FLR 109, [2015] Fam Law 632
Bailii
England and Wales

Children

Updated: 30 December 2021; Ref: scu.547525

Lancashire County Council v A (Burned Child): FD 24 Apr 2015

Final hearing of the local authority application for Care and Placement Orders. These applications are granted with no active opposition. The contest was as to the trial of allegations that the child suffered physical abuse and in particular the issue of the identification of the person responsible.

Duggan HHJ
[2015] EWHC 1156 (Fam)
Bailii
England and Wales

Children

Updated: 30 December 2021; Ref: scu.547002

BG, Regina (on The Application of) v West Midlands Constabulary and Another: Admn 23 Dec 2014

Renewed application for judicial review, following initial refusal, raising questions of considerable importance for juveniles when they are kept at police stations prior to being brought before the criminal courts in this country.

Fulford LJ, Nicol J
[2014] EWHC 4374 (Admin)
Bailii
England and Wales

Children, Police

Updated: 24 December 2021; Ref: scu.540473

In re J (A Child: Brussels II revised: Article 15: Practice and Procedure): FC 29 Oct 2014

Application to transfer children proceedings to anoher member state (Hungary)
Held: The order should be made. A Hungarian court might better be able to facilitate contact with siblings living there.

Pauffley J
[2014] EWFC 41
Bailii
England and Wales
Cited by:
Cited – In Re N (Children) SC 13-Apr-2016
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their . .
Cited – J and E (Children: Brussels II Revised: Article 15) FC 11-Nov-2014
The local authority applied to the court for care orders and placement orders in respect of two young girls. The parents opposed the local authority’s applications. The mother was Hungarian. The father was Hungarian/Roma. The mother applied under . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 24 December 2021; Ref: scu.539728

AR, Re An Order Under The Child Abduction and Custody Act 1985: SCS 14 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 against the order in favour of the father. The Lord Ordinary had erred in law in treating a shared parental intention to move permanently to Scotland as an essential element in any alteration of the children’s habitual residence from France to Scotland. This error had deflected him from a proper consideration of the factors relied upon by the mother. Considering the matter afresh, in the light of the guidance provided by the Supreme Court, the Division now concluded that the children were habitually resident in Scotland at the material time: ‘If the salient facts of the present case are approached in accordance with the guidance summarised earlier, the key finding of the Lord Ordinary is that the children came to live in Scotland. The real issue is whether there was a need for a longer period in Scotland before it could be held that there had been a change in their habitual residence. For our part, in the whole circumstances we would view four months as sufficient.’

Lady Paton, Lord Drummond Young, Lord Malcolm
[2014] ScotCS CSIH – 95, 2015 SCLR 215, 2015 SC 310, 2014 SLT 1080, 2014 GWD 37-686, [2014] Fam LR 131
Bailii
Child Abduction and Custody Act 1985
Citing:
Appeal from – In Re AR (An Order Under The Child Abduction And Custody Act 1985) SCS 17-Jun-2014
The two girls were with their mother in Scotland. The father, living in France, sought their return to France:
Held: The court granted the father’s application. The Lord Ordinary: ‘After considering all the relevant evidence I am satisfied . .

Cited by:
Appeal from – 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 . .

Lists of cited by and citing cases may be incomplete.

Scotland, Children

Updated: 23 December 2021; Ref: scu.539141

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 with the children and had obtained ex parte interim prohibited steps and residence orders under the 1989 Act. The father then issued return proceedings under the Convention.
Held: The father’s application succeeded. Among other things, the parents had agreed to live in England for a year. The breakdown of the relationship did not entitle the father unilaterally to resile from that agreement and the children should remain in England for that period. However, since the mother had announced an intention not to return at all, she could no longer rely on the father’s agreement to the limited period of removal as protecting her against an application under the Convention.

Wall J
Gazette 06-Oct-1993, [1994] Fam 70
Children Act 1989, Convention on the Civil Aspects of International Child Abduction 1980
England and Wales
Cited by:
Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Approved – in Re M (Abduction: Habitual Residence) CA 1996
The court accepted a proposition that one parent with parental responsibility could not achieve a change in the child’s habitual residence without the consent of the other parent with parental responsibility. . .
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:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 23 December 2021; Ref: scu.588977

In Re C (Children): CA 12 Jul 2017

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 – Re P and O (Child Abduction: Anticipatory Breach) FD 10-Nov-2016
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 . .

Cited by:
Appeal From – 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 . .

Lists of cited by and citing cases may be incomplete.

International, Children

Updated: 23 December 2021; Ref: scu.589925

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 – Concept of ‘habitual residence’ of an infant – Child born, in accordance with the will of his parents, in a Member State other than that of their habitual residence. The first months of life in the Member State of birth – Decision of the mother not to return to the Member State where the couple were habitually resident
A child born in Greece was habitually resident there, despite the originally Italian home of her parents, and that in consequence an order under the Abduction Convention for return from Greece to Italy could not be made by the Greek court: ‘It is clear from those provisions that the concept of ‘habitual residence’ constitutes a key element in assessing whether an application for return is well founded. Such an application can succeed only if a child was, immediately before the alleged removal or retention, habitually resident in the member state to which return is sought.’

C-111/17, [2017] EUECJ C-111/17
Bailii
European
Cited by:
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:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 23 December 2021; Ref: scu.588292

Re B (A Minor : Habitual Residence): FD 24 Aug 2016

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
Bailii, WLRD
Child Abduction and Custody Act 1985, Council Regulation (EC) No 2201/2003
England and Wales
Cited by:
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:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 23 December 2021; Ref: scu.569170

M v F: CCF 29 Oct 2013

Private Law proceedings in respect of three children. The mother makes allegations of physical abuse on the children in respect of the children and domestic abuse of herself which the father denies.

Parker J
[2013] EWCC B11 (Fam), [2013] EW Misc 29 (CC)
Bailii
England and Wales

Children

Updated: 22 December 2021; Ref: scu.537824

Sutton London Borough Council v Davis: FD 17 Mar 1994

Local Authority need not be inflexible in assessing fitness of child minder – smacking. A child minder refusing to sign Local Authority’s no-smack undertaking can still be registered.

Gazette 18-May-1994, Independent 17-Mar-1994, Times 17-Mar-1994
Children Act 1989 77(6)
England and Wales
Citing:
See Also – Sutton London Borough Council v Davis (Number 2) FD 8-Jul-1994
The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by . .

Cited by:
See Also – Sutton London Borough Council v Davis (Number 2) FD 8-Jul-1994
The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by . .

Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 22 December 2021; Ref: scu.89632