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Children

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  • The judge had ordered a change of residence for the son, but there had been direct communication between the judge and the National Youth Advocacy Service without the parents' knowledge, including a telephone conversation during a break in the hearing. Newton J understood how the judge reached the conclusions which she did, but the hearing was fundamentally flawed and the appeal was allowed. Judgment, 26/06/2019, free
  • The father sought permission to appeal against a decision with findings of fact that he had demonstrated controlling and coercive behaviour, undermining and assaulting the mother. Williams J was satisfied that HHJ Plunkett was justified in reaching the conclusions that he did. The father's acquittal for assault in the Crown Court was not inconsistent with the finding on the balance of probabilities that he had pushed the mother to the ground. The father was not focusing on his son's best interests. There was no merit in any of the grounds of appeal, and permission to appeal was refused. Judgment, 22/06/2019, free
  • The mother appealed against an order for summary return of the child to Israel. Moylan LJ decided that the appeal must be dismissed. He found that there was no retention such that the 1980 Convention applied, but the judge had been entitled to make an order for the child's return under the court's inherent jurisdiction, and had taken into account the identified protective measures. Haddon-Cave LJ and Flaux LJ agreed. Judgment, 21/06/2019, free
  • The father had applied for the return of the children from Ukraine, where they had been kept for ten months. Mostyn J had stayed the application, in anticipation of the Ukrainian court reinstating the father's application there. This did not happen, so the stay was lifted and the application would be heard. Directions were given, but the judge also urged the parties to explore a mediated solution to the case. Judgment, 21/06/2019, free
  • The father had deprived the mother and son of their passports, stranding the child in India without either parent. Having previously declined to make an order for the child's summary return to England, Williams J found that the boy's welfare was now best promoted by being reunited with his mother. He made an interim order for the boy's return, subject to judges in India removing the order that prohibited his removal from that jurisdiction. Judgment, 17/06/2019, free

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