The Convention did not provide for mutual enforcement of access rights, and when determining matters of access relating to access to children to whom the Convention applied English courts are entitled to apply the Children Act 1989, and to consider the child’s welfare as paramount. F’s child was brought by M to live in England with the permission of a Canadian court. He applied to the English authorities for the enforcement of access rights which have been granted him by the Canadian Court, stating that his access to the child should take place in Canada. M argued that the Convention did not apply to the child, and that the courts should apply English law.
held that one the convention did apply to a child who was a bit really resident in a contracting state immediately before the beach of access arrangements BVB Minors enforcement of access abroad 1988 considered to the convention did not provide for the enforcement of access arrangements enforcement of access rights, and therefore domestic law should be applied by the English courts making the Paramount consideration that the child’s welfare full stop the father would therefore be granted access, but only in England, not in Canada.
[1993] 2 WLR 824, [1993] Fam 216, [1993] 3 All ER 657, [1993] 1 FLR 669
Convention on the Civil Aspects of International Child Abduction
England and Wales
Cited by:
Cited – Re C (Children) SC 14-Feb-2018
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .
Lists of cited by and citing cases may be incomplete.
Children, International
Updated: 23 December 2021; Ref: scu.654499