Family Law Hub

Child Abduction

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  • In brief: This case began as a private law dispute where the mother (“M”) was very concerned that the father (“F”) would abduct the child. Subsequently (and it is not clear what led to this), the local authority (“LA”) obtained an interim care order and removed the child. The judgment concerns a number of applications (brought by M) for declarations pursuant to the Human Rights Act 1998 that ss 2, 8, 38, 50, and 97 CA 1989 and the whole of the Child Abduction Act 1984 were incompatible with the ECHR. The fundamental point M made was that the statute was not strong or effective enough. Surprisingly, the High Court did not take the opportunity offered to them of overturning huge chunks of statute. Judgment, 26/04/2018, free
  • Judgment arising out of Hague Convention proceedings where the parents had settled and the judge was required to review the agreed orders. He accepted the mother's withdrawal of the Hague application and consequent variation of a financial remedy order. He also makes comments on the confidentiality of the mediation that led settlement. Judgment, 14/02/2018, free
  • Now signatories to 1996 Child Protection and 2007 Child Support Conventions News, 23/05/2017, free
  • Application by mother for return of a child to Pakistan under the UK- Pakistan Judicial Protocol on Children Matters of January 2003. Application granted. Judgment, 04/05/2017, free
  • Application by father under the Child Abduction and Custody Act 1985 for return of his son to Poland. The mother acknowledged she had abducted the child but alleged serious abuse as her defence though no such allegations had been made in ongoing Polish proceedings. Return ordered subject to undertakings put forward by the father. Judgment, 04/05/2017, 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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