Aug 15, 2024 | Blog, Child abduction, Home-blog, UK - England and Wales case law, UK - Scotland case law
Introduction The case of FPS v SM [2024] CSIH 20 discusses critical issues regarding the interplay between international law and domestic courts, focusing on child abduction and custody within the context of international treaties. The judgment was delivered by Lady...
Oct 17, 2023 | Blog, Child abduction, Home-blog, UK - England and Wales case law
Return to Russia? Sacha Lee, working with Carolina Marin Pedreño, acted for the mother in her successful application for a return order pursuant to the 1980 Hague Convention after two of the the parties’ children were wrongfully retained in this jurisdiction by the...
Sep 5, 2023 | Blog, Child abduction, Home-blog, UK - England and Wales case law
Does a fixed calendar date for a return need to be fixed in abduction cases? This case concerned an application made by a father for the return of the parties’ three children to Canada pursuant to the provisions of the 1980 Hague Convention. The father’s application...
Aug 5, 2023 | Child abduction, Home-blog, UK - England and Wales case law
Temporary relocation to the UK: habitual residence? What if a child relocates from South Africa to the UK for a defined temporary period in one last attempt to save the marriage? Does this change the habitual residence? If the father decides to keep the child in the...
Mar 15, 2023 | Child abduction, UK - England and Wales case law
Can chidren gain habitual residence despite many relocations? High Court of Justice, London, UK 3 March 2023, WC2A 2LL This case concerns an application made by the applicant mother, W, under the Hague Convention 1980 for the return of two children, X, aged 8, and Y,...
Feb 12, 2023 | Child abduction, UK - England and Wales case law
What can be done if your child has been abducted in a non Hague Convention country? High Court of Justice, London, UK 2 December 2022, EWHC 3465 The facts The mother is Algarian. The father British and Algerian and the boy (2 years old) has both nationalities. The boy...
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