The parents, both of Nigerian origin had started a family in Ireland. The mother came to England seeking asylum, going first to Salford and then to London. The father sought their return under the 1985 Act. The court had made interim orders for the authority to support the children and mother pending the outcome of the husband’s application, but these were discharged.
Held: The initial order had been made correctly, and the mother’s appeal against its cancellation succeeded. Child protection as such was only part of the duty falling on a central government under the Convention, and the court did have appropriate powers to require local authorities to safeguard the welfare of the child.
Judges:
Thorpe LJ, Etherton LJ
Citations:
[2010] WLR (D) 139, [2010] EWCA Civ 586
Links:
Statutes:
Child Abduction and Custody Act 1985 5, Hague Convention on the Civil Aspects of International Child Abduction 1980
Jurisdiction:
England and Wales
Children
Updated: 19 August 2022; Ref: scu.417080