Family Law Hub

Re M (Abduction: Zimbabwe) [2007] UKHL 55

Judgment, published: 05/12/2007

Items referring to this

  • Appeal against a decision that the three children should be returned to Hungary despite the 2 older children objecting. Appeal dismissed. Judgment, 11/06/2016, free
  • Father's application pursuant to the Hague Convention on the Civil Aspects of Child Abduction 1980 for summary return of the child to Germany where she was born. Application dismissed Judgment, 27/05/2015, free
  • F's appeal against a decision by the judge which refused his application for a return of his 3 children, whom M had wrongfully removed to England, back to Norway. The 2 older children had been involved in an assault by F on M some years earlier which caused them to object to a return. In Thorpe LJ's last judgment before retirement he described the case as exceptional because the traumatic incident had affected them all, not only the relationship between husband and wife but the relationship between father and two children. So despite the fact that there had been no repetition, despite the fact that there were undoubtedly protective measures available, the gravity of the event and its consequences were plainly open to the judge as a sufficient foundation for her conclusion. Judgment, 21/10/2013, free
  • Judgment, 24/08/2012, members only
  • A return order was made such that the child, who had been abducted from Spain to live in the UK, was returned to Spain to live with his father. Judgment, 07/11/2018, 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. The application was refused. Judgment, 30/11/2015, free
  • Application by mother, resident in Mexico, for return of her 15 year old daughter under the Hague Convention. Cobb J concludes that the child objected, and was of an age and maturity where he should take account of her views, but nevertheless uses his discretion to order her return. Judgment, 09/09/2014, free
  • Mother's appeal against the dismissal of her application for summary return of the children to Spain was allowed and a return order was made. Judgment, 29/03/2018, free
  • An application under the Hague Convention on the Civil Aspects of International Child Abduction 1980 concerning a child whose mother, who lived in Australia, was seeking an order for his return to Australia so that his future could be decided there. Judgment, 24/07/2013, free
  • Child aged 15 was joined as a party to proceedings in which mother was seeking a summary return to the US as she claimed that he had been wrongfully retained in the UK by his father. Judgment, 22/03/2016, free
  • Application by mother for return of the children to Australia. They has visited the father in England for an agreed holiday and then remained here. The father argued that the children objected and the mother had acquiesced. Application allowed. Judgment, 17/07/2015, free
  • Hague Convention proceedings brought by F who maintained he had not consented to the children being permanently relocated from the USA to England. The judge declined to exercise the inherent jurisdiction as it would not be in the interests of the children's welfare to return them to the USA. Judgment, 18/03/2014, free
  • Application by father for the return to Dublin of his son who lived with him there from about December 2011 until he went to but did not return from agreed staying contact with his mother in London. Judgment, 14/03/2016, free
  • The issue on this appeal was whether the child, who was the daughter of an Italian father and a Latvian mother, should be returned to Italy (which is agreed to have been her country of habitual residence at the relevant time) following her wrongful abduction from Italy to England by her mother in February 2016. The appeal was allowed. Judgment, 31/10/2017, free
  • Case note, 14/12/2011, members only
  • Appeal by mother against order for return of child to Lithuania under the 1980 Hague Convention. The mother argued that the child objected (and was mature enough to do so) and would suffer harm under Art 13(b). Appeal dismissed as, broadly, it was open to the judge to reach the conclusions she did. Judgment, 17/07/2015, free
  • The mother's argument, that a summary return of the child to Bulgaria would expose him to a grave risk of physical or psychological harm, or otherwise place him in an intolerable situation, was rejected. The child did object to returning to Bulgaria, but despite this the court concluded that he should be returned; accordingly the father's application for summary return under the Hague Convention succeeded. Judgment, 16/11/2015, free
  • Appeal against the Court of Appeal's ruling that 4 children, whose mother had taken them to her home country of Spain, had become habitually resident in Spain from that date. Despite the Court of Appeal's conclusion that the older child T should not be the subject of an order for return to Spain, the reversal of the judge’s ascription to them of a habitual residence in Spain on 5 January 2013 was necessary, for that would preclude any order of the Spanish court under article 11(8) of B2R. There was a subsidiary appeal against the refusal to allow T to be a party to proceedings. The Supreme Court allowed both grounds of appeal and reluctantly remitted the matter back to the High Court to decide whether any or all of the four children were habitually resident in Spain on 5 January 2013. If it turns out that any or all of the three boys were, it will also have to be decided whether to return them to Spain when their older sister, T, or any of their brothers, is not to return will place them in an intolerable situation. Judgment, 21/01/2014, free
  • Case note, 15/08/2013, members only
  • Appeal by mother against a ruling that the child, who had been brought to the UK by father, should not be returned to Hungary. The appeal was allowed and remitted to the Family Division to determine whether the child objected to a return to Hungary and if so whether, in the exercise of its discretion it should decline to order a summary return. Judgment, 28/11/2014, free
  • Fathers application for the return of two children to Ireland after they were forceably removed to the UK by mother was refused because of the objections of the older child. Judgment, 09/02/2015, free
  • 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
  • Case note, 16/02/2011, members only
  • Father's application for the return of his daughter to France after she was wrongfully removed by the mother to England. The application was granted. Judgment, 27/05/2016, free
  • Judgment, 14/12/2011, free
  • Father's application for return of his child to Malta under the Child Abduction and Custody Act 1985. Mostyn J dismisses the application and also sets out a useful review of the principles involved. Judgment, 27/11/2014, free
  • The court determined that the child should not be returned to El Salvador after the mother wrongfully removed him to the UK, the mother's defence that the child had now settled in the UK for the purposes of Art.12(2) being made out. Judgment, 03/04/2017, free
  • Proceedings brought by mother under the Hague Child Abduction Convention 1980 seeking the return of her son, who had lived most of his life in France, to the jurisdiction of France. The judge exercised his discretion by refusing to order the return on the grounds of the child's objections. Judgment, 11/09/2015, free
  • As part of the father's (“F”) application for a return order, a pre-trial review was ordered. At that hearing, the mother’s (“M”) attempt to strike out F’s application on the basis of delay was dismissed with Baker J commenting "it is generally inappropriate for the courts in this country to entertain an application to strike out a summary application under the Convention, save in the exceptional circumstances illustrated by… Re G". M’s application to instruct an expert psychologist to support her Article 13(b) defence was also dismissed with Baker J saying "it is generally inappropriate for the court to embark upon seeking expert psychological evidence to support a case advanced against a summary return on applications under the Convention". Judgment, 17/02/2016, free
  • Judgment following a hearing to determine whether or not the court should exercise jurisdiction under the Children Act 1989 in respect of an application by the mother for retrospective leave to remove the children temporarily to Spain and also for permission to relocate the children permanently in Spain. Judgment, 06/10/2016, free
  • Father's application for the summary return of the children to the USA pursuant to the 1980 Hague Convention on Civil Aspects of International Child Abduction. The application was allowed and a return order was made. Judgment, 05/02/2018, free

Published: 05/12/2007

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