Legal Case
Re S. (Children) (Abduction: Asylum Appeal) [2002] EWCA Civ 843
Appeal dismissed and return ordered; it was in the children’s best interests to return and this was not prevented by UK immigration rules applicable to
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Legal Case
Re G. and A. (Abduction: Consent) [2003] NIFam 16
Removal wrongful but return refused; consent had been established in accordance with the terms of Article 13(1)(a).
Legal Case
Re C. (Abduction: Settlement) (No 2) [2005] 1 FLR 938
Return refused; the child was settled in her new environment and the court exercised its discretion not to make a return order.
Legal Case
Re L. (Abduction: Pending Criminal Proceedings) [1999] 1 FLR 433
Removal wrongful and return ordered; none of the exceptions had been proved to the standard required under the Convention.
Legal Case
Re C. (Abduction: Grave Risk of Psychological Harm) [1999] 1 FLR 1145
Appeal allowed, retention wrongful and return ordered; the very high standard required under Article 13(1)(b) had not been met.
Legal Case
Re V.-B. (Abduction: Custody Rights) [1999] 2 FLR 192
Appeal dismissed and application dismissed; there had not been a breach of actually exercised rights of custody.
Legal Case
Re M. and J. (Abduction) (International Judicial Collaboration) [1999] 3 FCR 721
Voluntary return with undertakings agreed between the parties in the requesting State following direct contact between the English judge seized of the return application and
Legal Case
Re J. (Children) (Abduction: Child’s Objections to Return) [2004] EWCA CIV 428
Appeal allowed and return refused; the child was of a sufficient age and maturity for his objections to be taken into account. The younger child
Legal Case
S. v. S., 2003 SLT 344
Removal wrongful and return ordered; the father was actually exercising his rights of custody and none of the exceptions had been proved to the standard
Legal Case
T.B. v. J.B. (Abduction: Grave Risk of Harm) [2001] 2 FLR 515
Appeal allowed and return ordered; by a majority verdict the Court of Appeal found that none of the exceptions had been proved to the standard