- Everything (335)
- 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 (241)
- Practice direction (0)
- Rule (0)
- SI (0)
- Statute (0)
- International regs (0)
- 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
- Application under the Hague Convention for the return of a child to the Czech Republic. The child had been living with the grandmother in the Czech Republic, the mother having experienced various problems over the years. The mother moved to the UK where she was the victim of trafficking and she testified in court against two Czech perpetrators. The defendants were part of a larger, organised criminal network, which was active both here and in the Czech Republic. Grandmother then brought the child to the UK and met up with mother, relations broke down and grandmother moved back to the Czech Republic without the child. The judge ruled that neither a defence under Article 13(a) (consent to the removal or retention) nor 13(b) (grave risk of harm) was made out and ordered that the child be returned to the Czech Republic. Judgment, 15/10/2014, free
- Application by mother for return of twins to France under the Hague Convention where Mrs Justice Hogg had to consider whether the agreed visit to England was temporary or permanent. She refused the application as the children are now setlled. Judgment, 07/10/2014, free
- Hague Convention proceedings in which M was appealing an order which had been made for the return of 3 children to the Republic of Ireland against the childrens' wishes. Judgment, 06/10/2014, free
- A mother’s (“M”) unsuccessful application to switch the primary living arrangements from the father (“F”) to her. This was despite F having removed the children from M unilaterally and exposing them to significant emotional harm in that their relationship with M had not been promoted or nurtured. Noting that the children had been living in the UK for three years, Pauffley J concluded that an abrupt change would not be beneficial to them given their need to feel stable, settled and secure. Judgment, 06/10/2014, free
- Application by mother, resident in Mexico, for return of her 15 year old daughter under the Hague Convention. Cobb J concludes that the child objected, and was of an age and maturity where he should take account of her views, but nevertheless uses his discretion to order her return. Judgment, 09/09/2014, free
- Father's application to have his child returned to Japan after the mother took him to the UK without his permission. An order for the child's return was made. Judgment, 14/08/2014, free
- Mother's appeal against orders whereby the order of the Bucharest Court of Appeal for her to return her son to the father who lived in Romania was recognised and registered for enforcement in England. Her appeal was allowed on the grounds that: 1) in the case of both orders, recognition must be refused under BIIR Article 23(b), (c) and (d); and 2) one order must be quashed for fundamental procedural defects. Judgment, 01/08/2014, free