AR v. RN (Scotland) [2015] UKSC 35

INCADAT legal file Hague parental abduction

The case concerned two girls born in France in August 2010 and June 2013. The appellant father, a French national, and defendant mother, a British and Canadian national, were not married. The family lived in France until July 2013, when the mother moved to Scotland with the children. Both parties submitted that they had agreed […]

Re H (Children) (Jurisdiction: Habitual Residence) [2014] EWCA Civ 1101

INCADAT legal file Hague parental abduction

The proceedings concerned two children born to married parents of Bangladeshi origin. In May 2008, the parents and their children travelled to Bangladesh when the first child was 14 months old and the second six weeks old. The father returned alone in August 2008. The father made three extensive visits to Bangladesh between 2009 and […]

Re R (A Child) [2014] EWHC 2802 (Fam)

INCADAT legal file Hague parental abduction

The proceedings related to a Japanese child aged 7 who was born to Japanese parents. The parents married in September 2005 and separated in April 2013, whereupon they reached an agreement through mediation with the Family Court in Tokyo. This was entered onto the court record and provided that the mother would have primary care, […]

Re KP (A Child) [2014] EWCA 554

INCADAT legal file Hague parental abduction

The proceedings concerned a Maltese child born in September 2000. With the exception of two periods of separation, the parents, both Maltese, cohabited from 1999 until April 2013. On 12 June 2013, the mother brought the child to England, without the knowledge or consent of the father. Mother and child moved in with the maternal […]

Lozano v. Montoya Alvarez, 134 S.Ct. 1224 (2014)

INCADAT legal file Hague parental abduction

The proceedings concerned a child born in October 2005 to Colombian parents who had met and lived together in London. The parents never married. At trial, the District Court found that the father had mistreated the mother in some way and that the child had been exposed to, and negatively affected by, the problems in […]

P v P [2013] CSOH 40, 2013 G.W.D. 12-253

INCADAT legal file Hague parental abduction

The proceedings concerned a child born in the United States of America in September 2007 to a British father and an American mother. The parents married in Las Vegas in March 2010. On 1 March 2011, the father took the child to Scotland. The trip was undertaken with the agreement of the mother, but its […]

Raw et autres c. France (Requ?te No 10131/11)

INCADAT legal file Hague parental abduction

Les enfants, deux gar?ons, ?taient n?s en 1995 et 1997. ?? la suite du divorce des parents en 2001, la r?sidence des gar?ons fut fix?e chez leur m?re en Angleterre. En 2000, la m?re avait accouch? d’une petite fille issue d’un autre lit. ?? l’occasion de l’exercice d’un droit de visite et d’h?bergement des gar?ons […]