- Cited — C v M (A Child) (Abduction: Representation of Child Party) 2023-12-01
“…of the exercise of the judge’s discretion, Mr Jarman referred to the observations of Lady Hale in In re M and another (Children) (Abduction: Rights of Custody) [2007] UKHL 55, [2008] 1 AC 1288 (“Re M”), at [43] and [46] (which I set out below). He submitted that, contrary to the father’s case, the judge had weighed the relevant fact…”
- Cited — A (A Child) (1980 Hague Convention: Set Aside) 2021-02-23
“…Re M (Abduction: Rights of Custody) [2007] UKHL 55, [2007] 3 WLR 975, at paragraph 48…”
- Cited — G (Abduction: Consent/discretion) 2021-02-09
“… found consent to be established, the Judge had a discretion as to whether to make a summary return order. He directed himself with reference to Re M(Children) [2007] UKHL 55 and continued:…”
- Cited — G (Abduction: Consent/discretion) 2021-02-09
“…Discretion in every Hague case is at large and unfettered: see in particular the recent judgments of the House of Lords in Re M (Abduction: Zimbabwe) [2007] UKHL 55, [2008] AC 1288, [2007] 3 WLR 975, [2008] 1 FLR 251 and in particular the speech of Baroness Hale of Richmond. There was a certain amount of debate before me a…”
- Cited — B (Children) 2018-03-27
“…As to that exercise of discretion, the judge rightly directed himself by reference to Re M (Children) (Abduction: Rights of Custody) [2007] UKHL 55. However, he did not touch upon [45], where Baroness Hale recalled that a discretionary return after a finding of grave risk of harm was inconceivable. That wo…”