An unmarried father has no rights as regards a child until an application is made, but a mother taking child abroad whilst a court application was continuing could be restrained as an act of child abduction through the court’s own parental rights and duties.
Judges:
Ward LJ
Citations:
Times 09-Apr-1998, Gazette 13-May-1998, [1999] Fam 1
Statutes:
Civil Aspects of International Child Abduction Act 1980
Jurisdiction:
England and Wales
Cited by:
Cited – In re D (A Child), (Abduction: Rights of Custody) HL 16-Nov-2006
The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return.
Held: The mother’s appeal succeeded. The Convention . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 07 December 2022; Ref: scu.82279
