An order was sought in care proceedings with regard to a child of a family where the father was a member of the administrative and diplomatic staff of a diplomatic mission.
Held: Where a child was present in the UK at the time of the application, an English court had jurisdiction. Such a worker was protected only to the extent that his acts formed part of his duties. An exception to the Vienna Convention (37(2)) which underpinned the 1964 Act allowed the court to make an order even if the child was within a protected residence. Article 30 protected the premises of the diplomatic agent, not to the consequences of his acts.
Judges:
Butler-Sloss President
Citations:
Times 14-Oct-2002, Gazette 24-Oct-2002
Statutes:
Diplomatic Privileges Act 1964 4, Children Act 1989 31
Jurisdiction:
England and Wales
Children, International
Updated: 09 July 2022; Ref: scu.177412
