Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles
Authors

ABDUCTION: Re H (United Mexican States Intervening)

Sep 29, 2018, 18:40 PM
Slug : abduction-re-h-united-mexican-states-intervening
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 29, 2013, 10:24 AM
Article ID : 101511

(Court of Appeal, Thorpe, Longmore, McCombe LJJ, 23 January 2013)

The mother had failed to return the child to the UK following a trip to her home country of Mexico and failed to comply with a return order issued under the Hague Convention. In addition to the return order, the child was also made a ward of court. When the mother and child were located the parents entered into an agreement via mediation whereby the child would remain in Mexico with the mother but have generous contact with the father. When the child travelled to the UK for contact the father reneged on the agreement and sought to rely on the wardship order. The mother's application for summary return was refused.

The mother's appeal was dismissed. It was plainly not established that the child had been habitually resident in Mexico when the parents travelled to the UK for contact. The judge had not been wrong to uphold the Art 13(b) defence and the usual safeguards would be inadequate to prevent a further disappearance. 

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from