Three young children had been brought to England from Israel by their mother but without the consent of the father, who now sought their return. The mother claimed that the father had subsequently acquiesced in the removal. Both parents were orthodox Jews. The father said this had compelled him first to seek assistance from the Beth Din.
Held: When a Treaty ‘obligation is incorporated into domestic law, that obligation will be construed by reference to the principles of international law governing the interpretation and application of treaties, rather than by any domestic principle of construction.’
Judges:
Lord Browne-Wilkinson, Lord Jauncey of Tullichettle, Lord Mustill, Lord Clyde
Citations:
[1997] 2 FCR 257, [1997] UKHL 12, [1998] AC 72, [1997] 2 All ER 225, [1997] 1 FLR 872, [1997] Fam Law 468
Links:
Statutes:
Child Abduction and Custody Act 1985
Jurisdiction:
England and Wales
Citing:
Cited – In re S (Minors) (Abduction: Acquiescence) 1994
For the purposes of Article 13 of the Convention, the question whether the wronged parent has ‘acquiesced’ in the removal or retention of the child depends upon his actual state of mind of the parent: ‘the court is primarily concerned, not with the . .
Cited – In re A Z (A Minor) (Abduction: Acquiescence) 1993
. .
Cited – Re A (Minors) (Abduction: Custody Rights) No 2 CA 29-Jul-1992
The mother had wrongfully removed the children from Australia to this country. The father wrote to the mother saying that ‘I think you know that what you have done is illegal, but I’m not going to fight it’ and generally giving the impression that . .
Cited – In Re H (Minors) (Abduction: Custody Rights) HL 1991
The House addressed the question whether wrongful removal and wrongful retention were mutually exclusive concepts. The issue arose in the context of the commencement date for the 1985 Act as between the two States involved.
Held: For the . .
Cited by:
Cited – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant . .
Lists of cited by and citing cases may be incomplete.
Children, International
Updated: 31 May 2022; Ref: scu.158887
