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  • The father appealed against the dismissal of his application for a prohibited steps order, which would have prevented the mother taking their child to Iraq. He argued that the judge had not adequately considered the risk of the child not being returned, nor whether the child would be safe in Iraq. However, Russell J DBE found that the judgment was wholly concerned with the child's welfare, the risk of the mother retaining the child was low, and indeed the greater risk of wrongful retention lay with the father. The appeal was dismissed. Judgment, 14/10/2019, free
  • The mother appealed against an order for the summary return of her child to Israel. Moylan LJ held that the judge had properly taken into account the protective measures in place and had reached a determination that was open to him. However, what had happened in this case did not amount to a retention within the scope of the 1980 Hague Convention, so the judge's order would be replaced by one made under the inherent jurisdiction. Flaux LJ and Haddon-Cave LJ agreed, and the appeal was dismissed save for that change. Judgment, 08/10/2019, free
  • The father applied for the summary return of three children to Germany. The mother had been the primary carer but the father had shared custody. After he went to court in Germany to re-establish contact, she clandestinely brought the children to the United Kingdom. Mr Robert Peel QC, sitting as a deputy High Court judge, found that she had not made out a defence under Article 13(b), and ordered a mandatory return. The German courts were better placed to decide the issues of contact, custody and possible relocation. Judgment, 07/10/2019, free
  • The mother claimed that her contact with the four children had been severely restricted in Pakistan, and she had not seen them at all since they had travelled to England with the father. She wished to re-establish contact. Sir Andrew McFarlane P found that, contrary to the children's belief, she did not abandon them in Pakistan; she was forced out by their father and his family and then kept away. Those findings of fact would now form the basis upon which the court would consider what steps could be taken to reintroduce her to the lives of her children. Judgment, 02/10/2019, free
  • An application for a declaration that a Nigerian divorce certificate was not entitled to recognition in England and Wales because the marriage had not in fact taken place. Holman J found that this application did not fall within any of the purposes listed in section 55 of the Family Law Act 1986. The court was not empowered to make the requested declaration and the application was dismissed. Judgment, 20/09/2019, free

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