Rights of access can in themselves amount to ‘rights of custody’ for the Convention. Dyson LJ divided the question of whether the father had rights of custody into two. The first, which he called ‘the domestic law question’, was what rights the father had in national law. The second, which he called ‘the Convention question’, was whether those rights were to be characterised as rights of custody for the purposes of the Convention.
Judges:
Lord Justice Thorpe Lord Justice Dyson Lord Justice Lloyd
Citations:
[2005] EWCA Civ 976, [2005] 2 FLR 1119
Links:
Statutes:
Hague Convention on the Civil Aspects of International Child Abduction 1980
Jurisdiction:
England and Wales
Cited by:
Cited – In re D (A Child), (Abduction: Rights of Custody) HL 16-Nov-2006
The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return.
Held: The mother’s appeal succeeded. The Convention . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Children
Updated: 01 July 2022; Ref: scu.229050