- Cited — Re B (Children) 2022-08-19
“…However, as that case also demonstrated, quoting from Black LJ, as she then was, in Re K [2015] EWCA Civ 720 at [53], absent the court being able “confidently to discount the possibility that the allegations give rise to an article 13(b) risk”, conflating the process …”
- Cited — G (A Child : Child Abduction) 2020-09-15
“…lst the evaluation of evidence in a Convention application has to be made “within the confines of the summary process” (Re K (1980 Hague Convention: Lithuania) [2015] EWCA Civ 720 at [52]), the court will have the benefit of the evidence adduced by and the submissions of the left-behind parent, who will almost certainly play no part in a…”
- Followed — C (Children) (Abduction: Article 13 (B)) 2018-12-20
“… In Re W (Abduction: Intolerable Situation) [2018] 2 FLR 748, I referred to what Black LJ (as she then was) had said in Re K (1980 Hague Convention: Lithuania) [2015] EWCA Civ 720 when rejecting an argument that the court was “bound” to follow the approach set out in Re E. On this occasion, I propose to set out what she said in full:…”
- 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 article is of “restricted application”. The judge also sets out (…”