- Everything (342)
- Model letter (0)
- Practice note (1)
- Precedent (0)
- Uploads (0)
- Tools (0)
- Article (0)
- Case note (90)
- News (2)
- Polls (0)
- CPD course (0)
- CPD diploma (0)
- Training note (0)
- Webinar (1)
- Downloads (0)
- Form (0)
- Judgment (248)
- Practice direction (0)
- Rule (0)
- SI (0)
- Statute (0)
- International regs (0)
- Fact-finding hearing to investigate whether a father can resume contact with children he abducted to Russia for two years. Judgment, 19/12/2014, free
- Applications by mother for registration and enforcement of Russian orders concerning residence her two children where she alleges the children have been unlawfully retained in the UK by the father. Applications dismissed and finding made that both children habitually resident in the UK. Judgment, 14/12/2014, 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
- Appeal by mother against a ruling that the child, who had been brought to the UK by father, should not be returned to Hungary. The appeal was allowed and remitted to the Family Division to determine whether the child objected to a return to Hungary and if so whether, in the exercise of its discretion it should decline to order a summary return. Judgment, 28/11/2014, free
- Father's application for return of his child to Malta under the Child Abduction and Custody Act 1985. Mostyn J dismisses the application and also sets out a useful review of the principles involved. Judgment, 27/11/2014, free
- Father's application for the summary return of his son to Australia after the mother had taken him to the UK, the father thought for a holiday. A return order was made. Judgment, 19/11/2014, free
- Father's application under the Hague Convention for the summary return to Hungary of two children. Bodey J finds that the children were wrongfully removed and that the mother had failed to establish any of the required defences, so he ordered their return. Judgment, 05/11/2014, free
- Here the Turkish court had made an order in the father’s (“F”) favour – albeit one based on a misconception that the mother (“M”) had chosen to live with her new husband in Turkey and had abandoned the children to her parents in England (M was in fact living in England and caring for the children here). As Turkey is not a signatory to the Hague Convention nor is it a member of the EU, it was left to F to use the “relatively underused” European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration on Custody of Children (it is an instrument of the Council of Europe of which Turkey is a member state). The Convention has the force of law in the UK to the extent provided for in s.12 and Schedule 2 Child Abduction and Custody Act 1985. Finding that a decision should not be made and implemented where that decision is based on a mistaken proposition, Holman J dismissed F’s application for recognition and enforcement of the Turkish order. Judgment, 29/10/2014, free
- Application by Mother to take the child on holiday to China, which was opposed by Father because of a fear the Mother would not return her to the UK. The judge ruled that the risk of that happening was negligible and permission was granted. Judgment, 23/10/2014, free
- Committal of the Father to prison for failing to comply with an order to return his child to the UK. Judgment, 23/10/2014, free