- 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)
- In brief: An unusual judgment in Hague Convention proceedings where the mother (“M”) was making out two defences – harm and children’s objections – to prevent their return to New York. There was evidence that the older child did object to returning and that there would be considerable financial uncertainty for M and the children if they were forced to return (although the father (“F”) somewhat surprisingly came up with a $15,000 fund for M). A further difficulty was whether M would be permitted to enter the US. As a British citizen from Somalia, she was previously living in the US on a spousal visa but that was conditional on the spouses living together. Her application for a Green Card had been successful but she had yet to receive it. The children were American citizens; there was a risk that they would be allowed to enter the US but that M, who they had always lived with, would not. The proceedings were adjourned to allow M to establish whether or not she had “a copper-bottomed permission to enter and remain for an appreciable period of time in America”. Judgment, 11/04/2018, free
- Mother's appeal against an order which stated that the children must be returned to the USA, if necessary without her if she could not obtain a visa. The appeal was allowed and that part of the order was discharged. However, the order still stated that, provided a visa was granted to the mother, the children would return. Judgment, 03/04/2018, free
- Mother's appeal against the dismissal of her application for summary return of the children to Spain was allowed and a return order was made. Judgment, 29/03/2018, free
- 12 month sentence imposed on father who, for the second time, had not cooperated with the court in returning the two children from Libya. Judgment, 19/03/2018, free
- An order was made that the child should live in England in the shared care of both parents after the mother had wrongfully removed him to Hong Kong. Judgment, 16/03/2018, free
- In brief: A successful application by a mother (“M”) whose Article 8 rights had been violated through the failure of the Polish courts to enforce an Irish return order following the child’s abduction to Poland resulting in no contact between M and the child for a year. Judgment, 09/03/2018, free
- In brief: A successful application by a mother (“M”) who had not seen her child for eight years due to the Hungarian authorities failing to make sufficient efforts to secure the return of her child following his abduction. She was awarded 16,300 Euros plus interest. Judgment, 09/03/2018, free
- Father's application to return child to Switzerland, following alleged wrongful abduction. Dismissed on grounds that the child was habitually resident in the UK. Judgment, 15/02/2018, free
- Mother's appeal against an order which ordered that the children be returned to the UK from Poland was refused. Judgment, 09/02/2018, free
- Father's application for the summary return of the children to the USA pursuant to the 1980 Hague Convention on Civil Aspects of International Child Abduction. The application was allowed and a return order was made. Judgment, 05/02/2018, free