Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles

ABDUCTION: M v F [2008] EWHC 984 (Fam)

Sep 29, 2018, 17:28 PM
Slug : m-v-f-2008-ewhc-984-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 8, 2008, 04:22 AM
Article ID : 86701

(Family Division; Charles J; 8 April 2008)

The family lived in Tenerife. The mother had two children by different fathers. The mother alleged that the father of the youngest child had threatened and assaulted her; the father had been acquitted in Spanish criminal proceedings. In the course of Spanish family proceedings the court made an interim order forbidding the father from communicating with the mother, and gave custody to the mother, stating, however, that parental authority was to be shared. Two days later the mother obtained an order ex parte allowing her to 'go to England' with the child, on the basis that she and the child would return for the trial. The mother obtained written consent from the father of the child's elder sibling, but did not inform the father of the child that she was leaving the jurisdiction. The mother and the two children moved to England and did not take any further part in the Spanish proceedings. The father of the child was unaware of the Hague Convention, and did not issue Hague proceedings for over a year.

There had been an abduction in breach of the father's rights of custody: the injunction preventing the father from communicating with the mother had not had the effect of suspending his rights of custody; and not only had the Spanish court not authorised the child's removal from Spain to make a home in England without the father's consent, the mother had been aware that his consent was required. The mother had not established that the child had become settled under Art 12, having failed to produce any evidence as to her state of mind as to the security of her position in England. The court ordered the return of the child on a date and subject to conditions set by the Spanish court. If settlement had been established, the court would still have ordered the child's return, on the basis that Spain was the best forum for the dispute between the parents.

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