Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

29 JAN 2013

ABDUCTION: Re Y (Abduction: Undertakings Given For Return of Child)

(Court of Appeal, Thorpe, Longmore, McCombe LJJ, 22 January 2013)

The Cypriot mother took the child from their home country where the father continued to live and relocated to the UK. The father brought proceedings under the Hague Convention which were resisted by the mother pursuant to Art 13(b) on the grounds that she was in fear of her safety due to domestic violence perpetrated by the father.

The judge determined that the issues would be best determined in Cyprus but in response to the mother's concerns protected measures in the form of undertakings were provided by the father. The judge accepted the father's claim that the Cypriot court would recognise the undertakings under the 1996 Hague Convention and, therefore, no additional route of recognition, by way of application to the court would be necessary. The mother appealed claiming there was doubt as to the recognition of undertakings by the Cypriot court and, accordingly, there had been no protective measures in place to justify the child's return.

The mother's appeal was dismissed. The terms of the 1996 Hague Convention construed the term ‘measures' broadly to include undertakings. The whole purpose of the 1996 Hague Convention was to support the Convention of 1980 and parties to which would already be familiar with the use of undertakings. The judge had been entitled to conclude the Cypriot court would recognise the undertakings as protective measures outlined in the 1996 Hague Convention.





Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...

Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...

Subscribe to our newsletters