Cases Archive

Moylan J considers the interaction of English public law proceedings and ‘trumping orders’ under Article 11(8) of the 1980 Hague Convention.

Further consideration of Art 13(b) of the Hague Convention 1980 in case where client resisting return of a toddler to Australia had a pre-existing anxiety condition and Applicant had admitted domestic abuse.

The family lived in France. The mother (who was English) returned to England with the child with the father’s consent. The mother and father issued proceedings in England and France respectively — the question for determination was: which country was seised of the matter? Consideration was given as to which country was best placed to determine welfare issues

First case where successive orders for committal were made against abducting father. The 3-year-old girl was abducted to the father’s family in Pakistan. Child returned at Christmas 2012 when aged 6 years old.

Consideration by the Court of Appeal of the discretion to return a child when the ‘child’s objections’ defence is made out.

Case where the Art 13(b) defence was raised in relation to a Hague Convention return order. Unusually, evidence was heard at length and the court made findings in respect of serious and sustained domestic abuse, including sexual violence. Consideration of the ECJ decision of Neulinger in respect of Art 13(b) and compliance with Art 8 HRA 1998.

Care – Wardship – Peremptory removal of child to Spain by parent after justices refused to make emergency protection order – Retention in Spain by both parents – Whether habitual residence in England lost – Whether order for peremptory return justified

Henry Lamb appeared for a Local Authority in wardship proceedings in relation to a 17 year old who had no parents in the UK and wanted to travel to Pakistan to find his family