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  • Contrary to court orders, the father had wrongfully taken his son – a young man of nineteen with profound learning disabilities – to live in the USA. The mother sought an order for his return to the UK. Russell J DBE held that there were grounds for finding that a return to the UK was not in the young man's best interests. The child's future as an adult lay in the USA and these proceedings were to come to an end in recognition of that fact. The appropriate forum for any future litigation was the court in Texas. Judgment, 15/04/2019, free
  • Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children ("Child Protection Convention") entered into force for Fiji News, 02/04/2019, free
  • Guidance for legal professionals on cross-border family law disputes (including divorce and child maintenance) after Brexit if the UK leaves the EU without a deal. News, 02/04/2019, free
  • The mother's Article 13(b) defence was not made out and the judge ordered that the child be returned to Latvia. Judgment, 26/03/2019, free
  • Wife's application for leave to amend her petition for divorce from the residual ground of sole domicile, to indent 2 of Article 3(1)(a) of Council Regulation 2201/2003 - namely, that the petitioner and respondent were last habitually resident in England and Wales and that the petitioner still resides in this jurisdiction - was refused. Judgment, 22/03/2019, free

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  • In brief: A preliminary ruling from the ECJ determined that in order to establish habitual residence under Article 8 BIIR, a child must be physically present in the member state. The circumstances of the child being physically present elsewhere are irrelevant. This was a referral from the English High Court where the father ("F") had allegedly coerced the mother ("M") into remaining in Bangladesh with the child, potentially in breach of their ECHR rights. Case note, 17/12/2018, members only
  • The Romanian court sought a preliminary ruling from the European Court of Justice about interpreting Article 15 where two member states have jurisdiction, one under Article 8, the other under Article 12 Case note, 17/12/2018, members only
  • In a tweet: A non-parent without rights granted by a court or by someone with parental rights can use Article 21 of the Hague Convention on the Civil Aspects of International Child Abduction 19801980 Hague Convention to gain rights of access Case note, 26/10/2018, members only
  • In a tweet: Successful appeal against a refusal to set aside an order requiring her children to be returned to England Case note, 06/08/2018, members only
  • In a tweet: CoA overturn an earlier decision that W had a domicile of choice in England Case note, 06/08/2018, members only

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