Family Law Hub

Cannon v Cannon [2004] EWCA Civ 1330

Judgment, published: 31/12/2004

Items referring to this

  • Application by father for summary return of child to France and involving issues of settlement. Application granted as none of the defences under the 1980 Hague Convention were satisfied. Judgment, 17/07/2015, free
  • Child aged 15 was joined as a party to proceedings in which mother was seeking a summary return to the US as she claimed that he had been wrongfully retained in the UK by his father. Judgment, 22/03/2016, 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
  • These proceedings concerned the father's application for the return of the child to Lithuania pursuant to the Convention on the Civil Aspects of International Child Abduction 1980. Judgment, 29/09/2017, free
  • The court determined that the child should not be returned to El Salvador after the mother wrongfully removed him to the UK, the mother's defence that the child had now settled in the UK for the purposes of Art.12(2) being made out. Judgment, 03/04/2017, free

Published: 31/12/2004

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