England and Wales Case Law

AB v BA

The children are not settled in the United Kingdom due to temporary accommodation, ongoing asylum proceedings, concealment, and lack of emotional stability. No valid Article 13 exceptions are established: the children's views do not amount to objections to return, and allegations of grave risk of harm from domestic abuse, separation, or practical circumstances are confidently discounted based on lack of credible evidence and recent Swedish welfare determinations. Protective measures in Sweden are sufficient. Mandatory return order under Article 12 applies.

Source excerpt

• Hague convention
• Child custody
• Habitual residence
• Summary return
• Article 12 settlement
• Article 13 exceptions

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M (Children) (Abduction: Joinder of Children)

M (Children) (Abduction: Joinder of Children) [2021] EWHC 635 (Fam) (22 January 2021)

The High Court joined two older children as parties in Hague Convention abduction proceedings, finding their current objections and interests required direct participation.

• Joinder of children
• Children's objections
• Article 13 exceptions
• Representation of children
• Best interests of the child
• Family-law

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JK v LM (Rev 1)

JK v LM (Rev 1) [2020] EWHC 1566 (Fam) (17 June 2020)

A mother’s Hague Convention application for summary return of three children to Ireland was dismissed; the court found no wrongful retention and held the children were habitually resident in Wales.

• Hague convention 1980
• Brussels ii revised regulation
• Habitual residence
• Wrongful retention
• Child custody
• Summary return

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JK v LM (Rev 1)

The court dismissed a mother's Hague Convention application for the return of three children to Ireland, finding no wrongful retention and, alternatively, Article 13 exceptions.

• Hague convention
• Habitual residence
• Wrongful retention
• Article 13 exceptions
• Children's objections
• Hague-convention

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S (Child Abduction: Joinder of Sibling: Child's Objections)

S (Child Abduction: Joinder of Sibling: Child's Objections) [2016] EWHC 1227 (Fam) (27 May 2016)

A Hague Convention child abduction case in which the High Court joined an older sibling as a party, found the child objected to return, but ordered return to France.

• Child abduction
• Hague convention 1980
• Joinder of sibling
• Child's objections
• Article 13 exceptions
• Return order

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L (Grave Risk of Harm) (Child's Objections)

L (Grave Risk of Harm) (Child's Objections) [2015] EWHC 3300 (Fam) (16 November 2015)

The High Court granted a Hague Convention return order for a child removed from Bulgaria, rejecting Article 13(b) grave-risk allegations but accepting the child objected.

• Hague convention 1980
• Child's objections
• Grave risk of harm
• Summary return
• Article 13 exceptions
• Habitual residence

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