Walley v. Walley [2005] EWCA Civ 910, [2005] 3 FCR 35
Undertakings The Court noted that the return order had been properly made, subject to a series of stringent conditions but the conditions had not been complied with. Moreover there was no reasonable time limit within which there was the least possibility of compliance, therefore the order for return should be set aside. Objections of the […]
Zaffino v. Zaffino (Abduction: Children’s Views) [2005] EWCA Civ 1012
Objections of the Child to a Return – Art. 13(2) All three Lord Justices hearing the appeal agreed that the children should be returned forthwith, however, each member of the panel stressed different issues in arriving at that conclusion. Thorpe LJ, with whom Wall LJ was in agreement, focussed on the manner in which the […]
Wilson v. Huntley (2005) A.C.W.S.J. 7084; 138 A.C.W.S. (3d) 1107
Habitual Residence – Art. 3 To determine whether the Convention could apply to the application it had to be determined whether the child was habitually resident in the United Kingdom. Reviewing a selection of case law the Court held first that the child could only have one habitual residence at any particular time. It then […]
A.J. v. F.J. [2005] CSIH 36, 2005 1 S.C. 428
The application related to two boys aged 14 and 12 at the date of the appeal hearing. Upon the divorce of the parents an order was made by the Court of Session in March 2003 requiring the boys to live with their father and affording the mother contact. The mother did not manage to have […]
M. v. H. [Custody] [2006] NZFLR 623
The child, a boy, was almost four years old at the date of the alleged wrongful removal. He had spent his entire life in New Zealand. His parents were not married and had ended their relationship eight months prior to the birth. Following the birth the father had regular contact with his son. In late […]
Family appeal 575/04 Y.M v. A.M
The proceedings related to two children, one born in Israel in 1998, the other in England in 2000. The parents, who were Israeli nationals, moved from Israel to England in 2000 prior to the birth of the second child. The father was to undertake a masters degree in law at Oxford University. Under the terms […]
Cannon v. Cannon [2004] EWCA CIV 1330
The application related to a 10 year old girl who had been born to an American father and an Irish mother. The family home was in California and the child lived there until December 1998 whereupon the mother retained the child in Ireland after an agreed vacation. The father instituted Hague Convention proceedings. An agreement […]
Re P. (A Child) (Abduction: Acquiescence) [2004] EWCA Civ 971
The child, a girl, was 9 at the date of the alleged wrongful removal. The parents, both US citizens, were never married. They separated in 1999. In a court order dated 18 October 1999 the mother was granted sole custody, the father access. The order also provided that apart from temporary vacations the child could […]
Re C. (Abduction: Settlement) [2004] EWHC 1245
Settlement of the Child – Art. 12(2) Over 4 years had elapsed between the removal of the child and the commencement of return proceedings. During this time the child had been successfully concealed by her mother. The child had assumed the name and date of birth of a child who had died. The issue before […]
A. v. A. (Children) (Abduction: acquiescence) [2003] EWHC 3102 (FAM)
The children, a boy and a girl, were aged 13 and 9 at the date of the alleged wrongful retention. They had spent their entire lives in Portugal. The parents separated in 1997. The three youngest children remained with the father. In late 2002 the mother moved to England. In March 2003 the mother asked […]