Family Law Hub

E (Children) (Abduction: Custody Appeal) [2011] UKSC 27

Judgment, published: 20/05/2014

Items referring to this

  • 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
  • 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
  • Application pursuant to the Child Abduction and Custody Act 1985 and the 1980 Hague Convention for an order for the summary return of two children to the jurisdiction of Hungary. The application was dismissed. Judgment, 01/02/2018, free
  • Hague wrongful retention case brought by a mother living in Spain against a father living in England. Judgment, 18/03/2016, free
  • Father's application under the 1980 Hague Convention seeking summary return of his son to the USA succeeded. Judgment, 20/07/2018, 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
  • Father's application for a summary return of the children to the jurisdiction of Romania. Application granted. Judgment, 03/10/2017, free
  • Appeal by mother against order for summary return of child to Russia and involving consideration and guidance from Ryder LJ on hearing the views of the child. Order set aside (reluctantly) and remitted for hearing before a different High Court judge. Judgment, 04/12/2014, free
  • The specific issues in this case were whether the court has the power to make a return order summarily at the outset of proceedings in England and, if it has, whether it should do so or should wait before exercising its substantive jurisdiction under BIIa until the determination of proceedings under the 1980 Convention in the other Member State. Judgment, 29/05/2018, 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
  • In brief: Following the making of an order returning the child to Spain from England, the mother’s (“M”) mental health rapidly deteriorated. She successfully applied to the High Court to have the order set aside and a re-hearing listed following a psychiatric assessment. The Court of Appeal upheld the set aside, concluding that the High Court has the power under the inherent jurisdiction to review and set aside 1980 Hague Convention final orders. The power can be used where there has been a fundamental change of circumstances which undermines the basis on which the original order was made. Here the original return order had been made where the court found that M had not made out her Article 13(b) defence which included M’s claims that there were grave risks to her mental health. Judgment, 16/08/2018, free
  • In these proceedings for summary return under the Hague Convention and Brussels IIR, two issues arise. First, did the father consent to or acquiesce in the child's removal from his home state? Second, would a return expose the child to grave risk of psychological harm or otherwise place him in an intolerable position? Judgment, 26/11/2015, free

Published: 20/05/2014

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