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- Case note for Re C (A Child) [2019] EWHC 131. Case note, 06/08/2019, members only
- In a tweet: Successful application by a father (“F”) for return of the child to a state other than the one in which the family had been habitually resident when the wrongful removal occurred. Case note, 08/07/2019, free
- In brief: A successful application for recognition of an adoption order made in the Philippines in 2006 in which the judge found that the four pre-requisites to recognition of adoption in common law, as set out in Re N (Recognition of a Foreign Adoption) [2016] EWHC 3085, had been met. The Secretary of State for the Home Department was joined as an interested party because the outcome of the decision impacted the family’s prospects of applying to live in the UK. Case note, 08/07/2019, members only
- In brief: The mother’s (“M”) application for a summary return of the parties’ son to the Republic of Sudan (a non-Hague Convention country) was allowed by the judge. The judgment is helpful in distilling the legal principles applicable in the context of a non-Convention application, as well as summarising neatly the key considerations to be assessed and weighed in determining a child’s habitual residence. Case note, 08/07/2019, members only
- In a tweet: Successful application made under the Hague Child Abduction Convention despite a delay where mother (“M”) had been unaware of the Convention prior to her application. Case note, 08/07/2019, members only
- In a tweet: Does breach of the lis pendens rule mean that a judgment cannot be recognised? Case note, 04/07/2019, members only
- Florence Jones, Pupil, 1 Hare Court, writes a case summary of Pierburg v Pierburg [2019] EWFC 24. Case note, 26/04/2019, members only
- In brief: A preliminary ruling from the ECJ determined that in order to establish habitual residence under Article 8 BIIR, a child must be physically present in the member state. The circumstances of the child being physically present elsewhere are irrelevant. This was a referral from the English High Court where the father ("F") had allegedly coerced the mother ("M") into remaining in Bangladesh with the child, potentially in breach of their ECHR rights. Case note, 17/12/2018, members only
- The Romanian court sought a preliminary ruling from the European Court of Justice about interpreting Article 15 where two member states have jurisdiction, one under Article 8, the other under Article 12 Case note, 17/12/2018, members only
- In a tweet: A non-parent without rights granted by a court or by someone with parental rights can use Article 21 of the Hague Convention on the Civil Aspects of International Child Abduction 19801980 Hague Convention to gain rights of access Case note, 26/10/2018, members only