Family Law Hub

Hague Convention 1980

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  • 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 wrongfully removed the son to the UK. Her application for asylum on the basis of being a victim of domestic violence was granted on appeal. The father was applying under the Hague Convention for summary return, and in this hearing applied for disclosure of the asylum files relating to the mother and child, contending that his Article 6 and 8 rights could not otherwise be preserved. The Secretary of State for the Home Department resisted disclosure. HHJ Corbett was satisfied that the impact of disclosure upon the asylum process would outweigh the impact of non-disclosure on the Article 6 and 8 rights of the father and child. The application for disclosure was refused. Judgment, 05/09/2019, free
  • The mother applied to change the daughter's surname to that of her second husband. As well as applying for contact under article 21 of the Hague Convention, the father wanted to know the daughter's school and GP. He had a history of violent and threatening behaviour towards the mother and child. Theis J decided that the mother should be permitted to withhold that information, but refused the application to change the daughter's surname, because such a step would not meet her welfare needs. Judgment, 13/08/2019, free
  • The mother appealed against an order for summary return of the child to Israel. Moylan LJ decided that the appeal must be dismissed. He found that there was no retention such that the 1980 Convention applied, but the judge had been entitled to make an order for the child's return under the court's inherent jurisdiction, and had taken into account the identified protective measures. Haddon-Cave LJ and Flaux LJ agreed. Judgment, 21/06/2019, free

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