Family Law Hub

Child Abduction

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  • The mother having removed the daughter from Australia and gone to ground in the Outer Hebrides, MacDonald J ruled that it was a blatant and premeditated act of child abduction. He found that her evidence showed a marked tendency towards hyperbole and exaggeration, and she had not succeeded in bringing the case within the exception in Art 13(b) of the Hague Convention 1980. He ordered the summary return of the child to the father. The court had previously allowed publicity of the case to assist in locating the child, and so he did not require this judgment to be published in an anonymised form. Judgment, 28/05/2019, free
  • Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children ("Child Protection Convention") entered into force for Fiji News, 02/04/2019, free
  • Application by mother for summary return of her child to Turkey under the Hague Child Abduction Convention. The father's attempted defence of acquiescence on the part of the mother was rejected and an order for return made. Judgment, 17/01/2019, free
  • 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
  • Came into force 1 December News, 10/12/2018, free

Latest know-how

  • Fresh guidance issued by The President, 13 March 2018, covering procedure, case management and mediation in international child abduction cases Practice note, 13/03/2018, free
  • Help published on the application process Practice note, 01/11/2017, free
  • Mr Justice Mostyn on whether he has the power to revoke a return order in proceedings under the Child Abduction & Custody Act. Case note, 08/07/2014, members only
  • Judgment by the President in child abduction case raising 2 points of general importance: 1) what powers the court has to compel third parties to secure return of an abducted child where they do not have parental responsibility or control over the child and; 2) the role, powers and proper basis for making orders concerning non-subject children in such proceedings Case note, 08/07/2014, members only
  • Judgment concerning return of a child to the US where the mother had successfully obtained a ruling in Texas that the child had been wrongfully retained in the US, the father had complied with that order and then had appeals turned down by the High Court and Court of Appeal. Father's appeal allowed. Case note, 18/02/2014, free

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