Helsinki Court of Appeal, 1 October 2008, Decision No 2764
Habitual Residence – Art. 3 The parents presented contrasting cases as to the nature of the move to Scotland. For the mother it was a two week holiday which had been extended. She sought to support her case by arguing that there had been no change of address filed with the Finnish population register, no […]
Re F. (Children) (Abduction: Removal Outside Jurisdiction) [2008] EWCA Civ. 854
The application related to two sisters born in Africa in 1999 and 2002. The family led a peripatetic existence before settling in Mozambique in 2003/4. The parents were married. In August 2005 the mother took the girls to the United Kingdom for the purpose of a vacation. However, she went to ground soon after her […]
N.J.C. v. N.P.C. [2008] CSIH 34, 2008 S.C. 571
Aims of the Convention – Preamble, Arts 1 and 2 The Inner House noted that submissions which in essence sought to argue that a return would not be in the best interests of the children, were out of place in Convention proceedings. The aim of the Convention was not to determine where the children’s best […]
Deak v. Romania and the United Kingdom, Application No. 19055/05, (2008) 47 E.H.R.R. 50
European Convention on Human Rights (ECHR) Article 8 Right to Family Life The father alleged that his right to family life under Article 8 of the Convention had been breached because the Romanian authorities had failed to take adequate steps to secure the enforcement of his access award. Furthermore the Romanian authorities were wrong to […]
JR v SIR [2007] NICA 50 [2008] N.I. 252
The proceedings related to children born in Slovakia in 1996 and 1997. The parents, who had married in 1994, separated in 2002. Thereafter a district court in Slovakia ordered first that the children should reside with the mother, and subsequently that the father should have overnight contact. Difficulties with the exercise of contact led to […]
Re M. (Children) (Abduction: Rights of Custody) [2007] UKHL 55 [2008] 1 AC 1288
The application related to two girls aged 13 and 10 at the time of the hearing. The parents were married but separated in early 2001 whereupon the mother moved abroad leaving the girls in the care of the father. In December 2004 the mother returned to Zimbabwe whereupon she had periodic contact with the children. […]
Nyachowe v. Fielder [2007] EWCA Civ 1129
The application related to a 12 year old girl who was born to Zimbabwean parents. The parents never married and never really cohabited. For the first 10 years of her life the girl lived in Zimbabwe in the care of her maternal grandmother. During this time the mother was in the United Kingdom, whilst the […]
Re A.; H.A. v. M.B. (Brussels II Revised: Article 11(7) Application) [2007] EWHC 2016 (Fam)
The application related to a 2 year old child who was born in England to a Palestinian father and a French mother. The parents had married in England in 2001 and this afforded the father a right of residence in the country until 2008. After the birth the mother took the child to France for […]
Re A. (Abduction: Habitual Residence) [2007] 2 FLR 129
Habitual Residence – Art. 3 The core issue for the Court was whether the child had acquired a habitual residence in Washington State during the 8 days he spent there between arriving and the parents’ deciding to end their marriage. To this end the Court cited the definition of Lord Brandon in the House of […]
Re F. (Abduction: Joinder of Child as Party) [2007] EWCA Civ 393
The application related to a 7 year old girl who was raised in Spain. The English mother and Spanish father had had a turbulent relationship which ended in the summer of 2005. At this time mother and child left the matrimonial home but continued to live in the vicinity. The parents subsequently agreed that the […]