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- Application under the Hague child abduction convention brought in London on behalf of a Bosnian father living in Copenhagen against the Slovakian mother who brought the child from Denmark to England. The mother defended these proceedings on the basis that the father consented to her bringing the child to England, alternatively that he acquiesced in his being here. The defences were dismissed and an order for return was made. Judgment, 06/03/2014, free
- Father's application seeking the summary return of his son to Bermuda after the mother had taken the child on holiday to England but not returned. An order was made for the child's return, the main factor which tipped the balance in favour of such a course being the adverse impact on the child's relationship with his father if he did not return to Bermuda. Judgment, 05/03/2014, free
- Mother's application for a return order in respect of a 15 year old Hungarian boy who was living in the UK with his father. The judge refused to make the order because of the child's age, maturity, expressed views and the reasons for his views. Judgment, 21/02/2014, free
- Hearing to determine: i) whether the child of a Scottish father and Italian mother should be returned from Italy to this country after it had already been decided that this court had jurisdiction under BIIR; (ii) whether the proceedings here should be stayed or transferred to Italy under Article 15 BIIR; and/or (iii) whether the return application should be adjourned pending a later determination of the Article 15 application. All applications refused. The judge also made an order preventing the mother from publicising the case or allowing the child to be examined by a psychiatrist or psychologist for the purpose of these proceedings. Judgment, 17/02/2014, free
- The father made an application for parental responsibility and for a contact order in respect of his daughter. In order to determine the application the court first had to conduct a highly unusual hearing in order to decide whether, notwithstanding the mother's assertions to the contrary, the child was still alive or whether as alleged by her and the grandfather she died in tragic circumstances in a car crash in the Congo. The court found that the child was still alive and was satisfied that the grandfather knew of the whereabouts of the child and that he could organise, if he so chose, to ensure her return to the UK, her country of habitual residence immediately. Accordingly, the court would make a raft of orders designed to ensure her return to this country as soon as practicable. Judgment, 11/02/2014, free
- Both parties were seeking a residence order in respect of their son. They had lived in Qatar with their two children when the M left the F alleging domestic violence. F then took their son to Egypt without M's permission and then on to the UK. The courts in Qatar ruled that both children should reside with M but F had not complied. After a review of the welfare checklist, the court decided that the child should reside with M in Qatar. Judgment, 28/01/2014, free
- Appeal against the Court of Appeal's ruling that 4 children, whose mother had taken them to her home country of Spain, had become habitually resident in Spain from that date. Despite the Court of Appeal's conclusion that the older child T should not be the subject of an order for return to Spain, the reversal of the judge’s ascription to them of a habitual residence in Spain on 5 January 2013 was necessary, for that would preclude any order of the Spanish court under article 11(8) of B2R. There was a subsidiary appeal against the refusal to allow T to be a party to proceedings. The Supreme Court allowed both grounds of appeal and reluctantly remitted the matter back to the High Court to decide whether any or all of the four children were habitually resident in Spain on 5 January 2013. If it turns out that any or all of the three boys were, it will also have to be decided whether to return them to Spain when their older sister, T, or any of their brothers, is not to return will place them in an intolerable situation. Judgment, 21/01/2014, free
- A Hague Convention child abduction case where the M, who spoke little or no English, was refused legal aid because, as the Cafcass report had not yet been prepared, insufficient information was provided as to the risks the father posed and the prospects of a successful outcome were poor. The M appealed to the Legal Aid Agency but they had not had time to reconsider their decision before this hearing. The judge expressed dismay over the waste of time and taxpayers money that this delay had on proceedings and adjourned the hearing, which meant that, by the time the case was heard, the six week time limit under the Council Regulation Brussels IIA will have been doubled. Judgment, 23/12/2013, free
- Application by Mother to commit Father to a further prison term for failing to comply with orders either to cause the return of their daughter from Egypt to England or to reveal her whereabouts. The judge ruled that it would not be proportionate or justifiable, nor, therefore, lawful to commit the Father to a yet further term of imprisonment. Judgment, 23/12/2013, free
- Case involving Father who was seeking his daughter's return under the Hague Convention. Much of the judgment was concerned with the child's wishes, which were vehemently against a return, but a return order was made. Judgment, 18/12/2013, free