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
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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
Legal Case
D. Petitioner
Removal wrongful and return ordered; the standard of harm required under Article 13(1)(b) had not been made out.
Legal Case
Re M. (A Minor), 10 August 1995, transcript, Court of Appeal
Appeal dismissed and return ordered; the retention was wrongful as the child was habitually resident in France at the relevant date.
Legal Case
Re M. (Abduction: Conflict of Jurisdiction) [2000] 2 FLR 372
Retention wrongful and return ordered; the child was habitually resident in Spain on the relevant date.
Legal Case
Re H. (Abduction: Child of 16) [2000] 2 FLR 51
In respect of the elder child: The Convention was not applicable, the child having attained the age of 16 by the date of the hearing.
Legal Case
Re A. and Another (Minors: Abduction) [1991] 2 FLR 241
Appeal dismissed and return ordered; the retention was wrongful and the father had not acquiesced in the children’s retention.
Legal Case
Findlay v. Findlay 1995 SLT 492
Return ordered; the child was habitually resident in Canada on the relevant date and the child was wrongfully retained in Scotland after 5 March 1993.
Legal Case
Matznick v. Matznick 1994 GWD 39-2277
Return ordered; in the light of the father’s undertakings the standard required under Article 13(1)(b) to indicate that the children would face a grave risk