The child had been removed to NI by his mother. She had left him as a baby with her parents in Latvia, and they had cared for him under an informal arrangement for several years. M had taken the boy from the street in Latvia. The grandparents sought a declaration that Karl was being wrongfully retained in Northern Ireland in breach of their rights of custody and an order that he be returned forthwith. It was refused, they said in the face of dicisions whch said that their rights of custody should be respected, and now appealed against rejection of the order.
Held: The appeal failed. The court declined to follow the English case law, on the ground that it was inconsistent with two House of Lords decisions on the Convention and with one decision in the Court of Justice of the European Union on the Regulation.
Morgan LCJ, Higgins LJ and Coghlin LJ
[2014] NICA 15
Bailii
Child Abduction and Custody Act 1985
Citing:
Cited – In Re B (A Minor)(Child Abduction: Consent) CA 9-May-1994
A six year old boy, had lived in Western Australia all his life. Shortly prior to his removal from Australia, the mother had left Australia to live in Wales. The maternal grandmother asked the father for permission to take the child to Wales to . .
Cited by:
Appeal from – In re K (A Child) SC 15-Mar-2014
Rights of Custody under Convention
The Court was asked as to what were ‘rights of custody’ within the Convention. M had at first left her child with the maternal grandmother in an informal but long term arrangement in Latvia when M moved to Northern Ireland. Later M removed the child . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Children
Updated: 16 December 2021; Ref: scu.534058