Family Law Hub

LC & Anor (Children) [2019] EWHC 3791 (Fam)

An application for the summary return to Zambia of two children of British nationality, brought to England by their South African mother. Zambia had signed the Hague Convention on the civil aspects of international child abduction, but had not been accepted by the United Kingdom as a reciprocating party, and so this was instead decided under the inherent jurisdiction of the High Court. Before the abduction, one child had made allegations of sexual abuse against the father, but unsupervised overnight contact had been required to continue. With this in mind, Holman J was not satisfied that returning the children to Zambia was in their best interests, not without much fuller inquiry and fact finding. The mother had stated that she would not return to Zambia, and the court could not risk the potentially disastrous outcome of the children being returned to an unprotected situation without her. The application was dismissed.


Published: 12/02/2020

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