It was possible for the court itself to have sufficient rights of custody under the Convention to allow a party to apply on the basis that an abduction had interfered with those rights of custody. A father had begun proceedings but did not himself have rights awarded, but he could apply on the basis that the court had acquired those rights.
Citations:
Times 08-Feb-2000, Gazette 17-Feb-2000, [2000] UKHL 6, [2000] 2 WLR 337, [2000] 2 AC 291, [2000] 1 FCR 225, [2000] 2 All ER 1
Links:
Statutes:
Convention on the Civil Aspects of International Child Abduction 1980, Child Abduction and Custody Act 1985 Sch 1
Jurisdiction:
England and Wales
Citing:
Appeal from – In Re H (A Child) (Abduction: Rights of Custody) CA 16-Nov-1999
Once a court has become involved in the issues surrounding the ‘right of custody’ of a child as set down in the convention, an English court would not attempt to substitute its own jurisdiction. The child was of unmarried parents in Ireland. The . .
Cited by:
Appealed to – In Re H (A Child) (Abduction: Rights of Custody) CA 16-Nov-1999
Once a court has become involved in the issues surrounding the ‘right of custody’ of a child as set down in the convention, an English court would not attempt to substitute its own jurisdiction. The child was of unmarried parents in Ireland. The . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 31 May 2022; Ref: scu.159040
