- Considered — T (Abduction: Protective Measures: Agreement to Return), Re 2023-12-01
“…1 (“Re B”); Re C (Article 13(b)) [2021] EWCA Civ 1354 (“Re C”); and the Supreme Court decisions of Re D (A Child)(Abduction: Rights of Custody) [2006] UKHL 51; [2007] 1 AC 619 (“Re D”), and Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27; [2012] 1 AC 144 (“Re E”). I have further considered (and make reference below to) the…”
- Cited — Re D (A Child) (Abduction: Child's Objections: Representation of Child Party) 2023-09-14
“…ld’s voice is heard sufficiently through a report from a Cafcass Officer. This was referred to by Lady Hale in In re D (A Child) (Abduction: Rights of Custody) [2007] 1 AC 619, at [60], when she said that “Only in a few cases will full scale legal representation be necessary”, and the position has not changed since then.…”
- Applied — Re: S (A Child) 2023-02-28
“…ot qualified. However, they do gain colour from the alternative “or otherwise” placed “in an intolerable situation” (emphasis supplied). As was said in In re D [2007] 1 AC 619, para 52, “'Intolerable' is a strong word, but when applied to a child must mean 'a situation which this particular child in these particular circumstances sho…”
- Cited — Re: S (A Child) 2023-02-28
“…that the discretion will almost inevitably be exercised by refusing to make a return order. As Baroness Hale said in Re D (A Child) (Abduction: Custody Rights) [2007] 1 AC 619, at [55]:…”
- Cited — G (A Child : Child Abduction) 2020-09-15
“…[2006] UKHL 51; [2007] 1 AC 619 (“Re D”) at [48] per Baroness Hale of Richmond). Delay in return can result in the new factual situation becoming a new status quo, embedded to the extent that…”
- Applied — B (A Child), Re (Abduction: Article 13(B)) 2020-08-11
“…ot qualified. However, they do gain colour from the alternative “or otherwise” placed “in an intolerable situation” (emphasis supplied). As was said in In re D [2007] 1 AC 619, at para 52, “‘Intolerable’ is a strong word, but when applied to a child must mean ‘a situation which this particular child in these particular circumstances …”
- Cited — Re P (Abduction: Child's Objections) 2020-02-28
“…In In re D (A Child) (Abduction: Rights of Custody) [2007] 1 AC 619. Lady Hale made some general observations including, at [59], that “children should be heard far more frequently in Hague Convention cases than has been the pr…”
- Cited — NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction) 2019-06-18
“…In Re S (Minors) (Abduction: Wrongful Retention) [1994] Fam 70; In re D (A Child) (Abduction: Rights of Custody) [2007] 1 AC 619; RS v Poland (Application No 63777/09) [2015] 2 FLR 848; In re C and another (Children) (International Centre for Family Law, Policy and Practice Intervening) …”
- Cited — C (Children) (Abduction: Article 13 (B)) 2018-12-20
“…The judge then set out the law including referring to Re D (Abduction: Rights of Custody) [2007] 1 AC 619; Re E (Children)(Abduction: Custody Appeal) [2012] 1 AC 444 and Re S (A Child)(Abduction: Rights of Custody) [2012] 2 AC 257.…”
- Cited — Re W 2018-03-27
“…refused a visa. As to the discretion that would arise if the defence is made out, it is, as Baroness Hale said in Re D (A Child) (Abduction: Rights of Custody) [2007] 1 AC 619 (at para 55), “inconceivable that a court which reached the conclusion that there is a grave risk that the child’s return would ... place him in an intolerable…”