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 father applied to the court there for contact, and the mother left to come to England. The additional application for guardianship made the court seised of the custody issue. The term should be interpreted widely.
Citations:
Times 16-Nov-1999, Gazette 08-Dec-1999
Statutes:
Civil Aspects of International Child Abduction Act 1980
Jurisdiction:
England and Wales
Citing:
Appealed to – In Re H (A Child) (Abduction: Rights of Custody) HL 3-Feb-2000
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 . .
Cited by:
Appeal from – In Re H (A Child) (Abduction: Rights of Custody) HL 3-Feb-2000
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 . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 10 May 2022; Ref: scu.81912
