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.
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.
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 the Californian judges seized of the substantive custody and criminal aspects of the case.
D. Petitioner
Removal wrongful and return ordered; the standard of harm required under Article 13(1)(b) had not been made out.
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 should not be separated from his older sibling.
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 required under the Convention.
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 required under the Convention.
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.
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.
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.