Family Law Hub

Summary Return

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  • Father's application for children to be made wards of court and for summary return of them to Nigeria. Application successful as the judge found that their welfare would be better served by determination in Nigeria. Judgment, 12/12/2018, free
  • 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
  • The court ruled that the 4 year old child was habitually resident in Latvia at the time his mother unilaterally removed him to the UK and that he should be returned to Latvia within 14 days. Judgment, 25/10/2018, free
  • Father's appeal against orders to facilitate the return of his 15 year old daughter from Thailand back to the UK was refused on the basis that concerns relating to her estrangement from her mother, her apparent lack of education and the lack of any clarity about her living circumstances had not been alleviated. Judgment, 19/09/2018, 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

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