Family Law Hub

AT v SS [2015] EWHC 2703 (Fam)

Application by father for summary return of child to Holland where the primary issue was whether the return would expose the child to grave harm as he would be placed in foster care in that event. MacDonald J allowed the application.

Judgment, published: 01/10/2015

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Items referring to this

  • Mother's application for a variation of a return order (ordering that the child be returned to Holland) due to her being unable to accompany him as she had just given birth. The application was refused. Judgment, 30/11/2015, free
  • Mother's application for a variation of a return order (ordering that the child be returned to Holland) due to her being unable to accompany him as she had just given birth. Case note, 20/01/2016, members only
  • Mother's application under the 1980 Hague Convention for the return of the child to Canada, from where it was alleged the child has been wrongfully retained. The court ruled that the child was not habitually resident in Canada immediately before or at the time of the alleged wrongful retention but was habitually resident in England. In light of this finding the mother's claim failed. Judgment, 24/01/2017, free
  • In a tweet: Unsuccessful application by M for return of child to Canada Case note, 02/02/2017, members only
  • These proceedings concerned the father's application for the return of the child to Lithuania pursuant to the Convention on the Civil Aspects of International Child Abduction 1980. Judgment, 29/09/2017, free
  • Mother's appeal against an order which stated that the children must be returned to the USA, if necessary without her if she could not obtain a visa. The appeal was allowed and that part of the order was discharged. However, the order still stated that, provided a visa was granted to the mother, the children would return. Judgment, 03/04/2018, free

Published: 01/10/2015

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