- Followed — T (Abduction: Protective Measures: Agreement to Return), Re 2023-12-01
“…sions 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 following useful guidance which addresses many of the issues in play here: the ‘1980 Chil…”
- Cited — Re: S (A Child) 2023-02-28
“…The judge then summarised the law in respect of article 13(b). She referred to, and quoted from, In re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144 (“Re E”); Re S; and the 1980 Child Abduction Convention: Guide to Good Practice, Part VI - Article 13(1)(b) published by the Hague Conference. She said:…”
- Cited — Re A and B (Children) (Summary Return: Non-Convention State) 2022-12-19
“…“The approach I take, borrowing from the approach in Hague Convention cases in accordance with In re E (Children) [2012] 1 AC 144, is that I should make a reasonable assumption in relation to the maximum level of risk to the children arising out of any domestic abuse perpetrated by the fa…”
- Cited — Re A and B (Children) (Summary Return: Non-Convention State) 2022-12-19
“… and, if so, how extensive that inquiry should be: see para 50 above. The judge had made no findings about them. Instead, in accordance with In re E (Children) [2012] 1 AC 144, he had, for the purposes of the claim under the Convention, made a reasonable assumption in relation to the maximum level of risk to the child arising out of …”
- Applied — Re B (Children) 2022-08-19
“…sk within the scope of Article 13(b) was flawed (a) because he had failed properly to apply the approach set out in Re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144 (“Re E”), and (b) because he had failed properly to analyse the children’s situation on their return to Spain and the efficacy of the proposed protective measu…”
- Cited — Re C (A Child) (Child Abduction: Parent’s refusal to return with child) 2021-08-10
“…In Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27, [2012] 1 AC 144, the Supreme Court described the structured approach to be adopted by a court when evaluating issues relating to Art 13(b):…”
- Cited — A (Child Abduction: Article 13b) 2021-03-09
“…Judge directed himself accurately in relation to the legal framework, addressing the Supreme Court decisions in Re E (Children: Custody Appeal) [2011] UKSC 27, [2012] 1 AC 144 and Re S (A Child) (Abduction: Rights of Custody) [2012] UKSC 10, [2012] 2 FLR 442, and a number of other prominent decisions, including Re C (Children) (Abduc…”
- Explained — G (A Child : Child Abduction) 2020-09-15
“… child, was explained by Baroness Hale and Lord Wilson JJSC when giving the judgment of the court in Re E (Children)(Abduction: Custody Appeal) [2011] UKSC 27; [2012] 1 AC 144 (“Re E”):…”
- Cited — B (A Child) (Abduction: Habitual Residence) 2020-09-10
“…se included In re H (Abduction: Custody Rights); In re S (Abduction: Custody Rights) [1991] 2 AC 475, at p.498G; In re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144, at [14]; and In re C, at [23].…”
- Explained — B (A Child) (Abduction: Habitual Residence) 2020-09-10
“…As explained by Lady Hale in In re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144:…”
- Cited — B (A Child), Re (Abduction: Article 13(B)) 2020-08-11
“…The only authorities to which I propose to refer are In re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144 and In re S (A Child) (Abduction: Rights of Custody) [2012] 2 AC 257.…”
- Considered — B (A Child), Re (Abduction: Article 13(B)) 2020-08-11
“…“27 In In re E [2012] 1 AC 144 this court considered the situation in which the anxieties of a respondent mother about a return with the child to the state of habitual residence were not bas…”
- Cited — B (A Child), Re (Abduction: Article 13(B)) 2020-08-11
“…“34 In the light of these passages we must make clear the effect of what this court said in In re E [2012] 1 AC 144. The critical question is what will happen if, with the mother, the child is returned. If the court concludes that, on return, the mother will suffer such anxi…”
- Cited — NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction) 2019-06-18
“…ive in order to mitigate the matters relied on in support of the case under Article 13(b): see e.g. Lady Hale in In re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144, at [36]; and what I said in C (Children) (Abduction: Article 13(b)) [2019] 1 FLR 1045, at [43].…”
- Cited — S (A Child : Hague Convention 1980 : Return To Third State) 2019-03-07
“…dge referred to a number of authorities including In re D (A Child) (Abduction: Custody Rights) [2001] 1 AC 619; In re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144; and O v O (Abduction: Return to Third Country) [2014] 1 FLR 1405. On the issue of undertakings the judge referred to Re O (Child Abduction: Undertakings) [199…”
- Cited — S (A Child : Hague Convention 1980 : Return To Third State) 2019-03-07
“…irdly, I also repeat what I said in Re C, at [43], about the “need for caution when relying on undertakings”. In In re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144, Lady Hale JSC (as she then was) drew attention to this issue, at [7], when she referred to concerns having been expressed about the “too ready” acceptance by …”
- Cited — C (Children) (Abduction: Article 13 (B)) 2018-12-20
“…In E (Children) (Abduction: Custody Appeal) [2011] UKSC 27, [2012] 1 AC 144 Lady…”
- Cited — Re W (A Child) 2018-08-15
“…He also relied on In re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144 in which Baroness Hale and Lord Wilson, giving the judgment of the court said, at [14]:…”
- Cited — S (Abduction: Hague Convention Or BIIa) 2018-05-25
“… of parents and children (see: for example, commentary on the Convention by the Supreme Court in In re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27; [2012] 1 AC 144, paras 14–18). Article 20, useful though it is in appropriate cases, contains no guidance as to the circumstances in which the court will act, save that the ca…”
- Cited — Re W 2018-03-27
“…In respect of Article 13(b) the judge refers to Re E (Children)(Abduction: Custody Appeal) [2012] 1 AC 144, Re K (1980 Hague Convention: Lithuania) [2015] EWCA Civ 720 and AT v SS [2015] EWHC 2703 (Fam). She sets out the guidance from Re E. In summary, that the arti…”