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- Contrary to court orders, the father had wrongfully taken his son – a young man of nineteen with profound learning disabilities – to live in the USA. The mother sought an order for his return to the UK. Russell J DBE held that there were grounds for finding that a return to the UK was not in the young man's best interests. The child's future as an adult lay in the USA and these proceedings were to come to an end in recognition of that fact. The appropriate forum for any future litigation was the court in Texas. Judgment, 15/04/2019, free
- The mother's Article 13(b) defence was not made out and the judge ordered that the child be returned to Latvia. Judgment, 26/03/2019, free
- Father's application for a stay of the UK proceedings relating to the summary return of the child from India to the UK was refused. Judgment, 14/03/2019, free
- An order ordering the child to be 'returned' to Hungary which was not the state of the child's habitual residence prior to his wrongful removal was overturned. Judgment, 07/03/2019, free
- Father's application for the return of his 17 year old son to Poland pursuant to the inherent jurisdiction of the court and an application for the return of his 12 year old daughter to Poland pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction was allowed. An order for summary return was made. Judgment, 05/03/2019, free
Latest know-how
- In a tweet: Successful appeal against a refusal to set aside an order requiring her children to be returned to England Case note, 06/08/2018, members only
- In a tweet: Order requiring children to return to America without primary carer places them in an intolerable situation Case note, 15/05/2018, members only
- In a tweet: Child's subjective fear of return can establish an Article 13 defence Case note, 11/04/2018, members only
- 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
- In a tweet: A flimsy recommendation by the guardian almost derails a CAO in a parental alienation case Case note, 19/01/2018, members only
Latest training
- Recording of webinar first broadcast on 23 November 2018. Webcast, 29/11/2018, members only
- 12 questions on 3 cases summarised in the May 2018 Family Law Hub Digest CPD course, 05/06/2018, members only
- Six questions, worth an hour of CPD, on the cases of HB v PB [2013] EWHC 1956 (Fam); DL v EL [2013] EWCA Civ 865 and K v D [2013] EWHC 796 (Fam) CPD course, 03/09/2013, members only
- Six questions, worth an hour of CPD, on the cases of W v W [2012] EWHC 2469 (Fam), T v T [2012] EWHC 3462 (Fam) and TC & JC (Children: Relocation) [2013] EWHC 292 (Fam), which were published in February 2013. CPD course, 05/03/2013, members only
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