Family Law Hub

NY (A Child: 1980 Hague Abduction Convention: Inherent Jurisdiction) [2019] EWCA Civ 1065

The mother appealed against an order for the summary return of her child to Israel. Moylan LJ held that the judge had properly taken into account the protective measures in place and had reached a determination that was open to him. However, what had happened in this case did not amount to a retention within the scope of the 1980 Hague Convention, so the judge's order would be replaced by one made under the inherent jurisdiction. Flaux LJ and Haddon-Cave LJ agreed, and the appeal was dismissed save for that change.


Published: 08/10/2019

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