International Children Law Update: February 2015 – Family Law Week

Posted February 27th, 2015 in child abduction, costs, enforcement, foreign jurisdictions, news, wardship by tracey

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 23rd February 2015

Source: www.familylawweek.co.uk

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In re M and others (Children) (Abduction: Child’s Objections) – WLR Daily

In re M and others (Children) (Abduction: Child’s Objections) [2015] EWCA Civ 26; [2015] WLR (D) 44

‘Where a court was determining, for the purposes of article 13 of the Hague Convention 1980, whether a child objected to being returned and had attained the age and degree of maturity at which it was appropriate to take account of its views, the use of sub-tests and technicality were to be avoided.’

WLR Daily, 27th January 2015

Source: www.iclr.co.uk

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“Nowadays not all law can be simple law; but the best law remains simple law” – Family Law Week

Posted February 11th, 2015 in appeals, child abduction, children, consent, custody, families, joinder, litigation friends, news by sally

‘Christopher Hames and Dorothea Gartland, of 4 Paper Buildings, & Nina Hansen, a partner of Freemans Solicitors, consider the important Court of Appeal judgment in Re M (Republic of Ireland) (Children’s Objection) (Joinder of Children as Parties).’

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Family Law Week, 4th February 2015

Source: www.familylawweek.co.uk

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The Separate Representation of Children in Child Abduction Proceedings – Family Law Week

Posted January 7th, 2015 in appeals, child abduction, children, delay, legal representation, news, Supreme Court by tracey

‘Esther Lieu, barrister of 3PB Chambers, explores how the role of children has developed Hague Convention child abduction proceedings.’

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Family Law Week, 6th January 2015

Source: www.familylawweek.co.uk

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Home Office agrees to fund search for Ben Needham – The Guardian

Posted January 7th, 2015 in child abduction, children, Greece, missing persons, news by tracey

‘The Home Office has agreed to fund a team of British detectives to help search for toddler Ben Needham who went missing in Greece more than 20 years ago.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

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In re S (A Child) (Abduction: Hearing the Child) – WLR Daily

Posted December 9th, 2014 in appeals, child abduction, children, custody, EC law, law reports, treaties by sally

In re S (A Child) (Abduction: Hearing the Child) [2014] EWCA Civ 1557; [2014] WLR (D) 522

‘Where the court was exercising it’s inherent jurisdiction relating to the abduction or retention of a child where neither the Hague Convention on the International Aspects of Child Abduction 1980, nor article 11(2) of Council Regulation (EC) No 2201/2003 (“Brussels II revised”) applied, the same principle of effective access to justice for a child as applied to cases involving the Convention and the Regulation was engaged and the court was obliged to consider whether and how to hear the child concerned.’

WLR Daily, 4th December 2014

Source: www.iclr.co.uk

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Child abduction changes – Law Society’s Gazette

Posted December 4th, 2014 in child abduction, detention, false imprisonment, kidnapping, news, reports, sentencing by sally

‘Proposed amendments to child abduction legislation will have a far-reaching impact on family law, write Joanna Farrands and Helen Habershon.’

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Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

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Simplification of Criminal Law: Kidnapping and Related Offences – Law Commission

Posted November 20th, 2014 in child abduction, false imprisonment, kidnapping, Law Commission, reports by tracey

‘A report recommending reforms to the law relating to kidnapping, false imprisonment and child abduction.’

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Law Commission, 20th November 2014

Source: www.justice.gov.uk/lawcommission

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President’s Guidance on the International Child Abduction and Contact Unit (ICACU) and its role – Judiciary of England and Wales

‘Sir James Munby, President of the Family Division issued guidance on the International Child Abduction and Contact Unit on 10 November 2014.’

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Judiciary of England and Wales, 19th November 2014

Source: www.judiciary.gov.uk

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Libya father Belaid jailed for kidnap of Welsh girl – BBC News

Posted November 11th, 2014 in child abduction, imprisonment, news, sentencing by michael

‘A man who refused to return his child to Wales after kidnapping her and taking her to Libya two years ago has been jailed for six-and-a-half years.’

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BBC News, 10th November 2014

Source: www.bbc.co.uk

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‘Kidnap’ mother Eileen Clark extradited to the US – BBC News

Posted July 4th, 2014 in child abduction, domestic violence, extradition, human rights, news by tracey

‘A mother of three who fled her husband in the US has been extradited from the UK on charges of kidnapping her children, campaigners have said.’

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BBC News, 4th July 2014

Source: www.bbc.co.uk

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In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk

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In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily

In re K (A Child) (Reunite International Child Abduction Centre intervening): [2014] UKSC 29; [2014] WLR (D) 218

‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

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In the matter of K (A child) (Northern Ireland) – Supreme Court

In the matter of K (A child) (Northern Ireland) [2014] UKSC 29 (YouTube)

Supreme Court, 15th May 2014

Source: www.youtube.com/user/UKSupremeCourt

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In re KP (A Child) (Abduction: Rights of Custody) – WLR Daily

In re KP (A Child) (Abduction: Rights of Custody): [2014] EWCA Civ 554; [2014] WLR (D) 181

‘The role of a judge meeting a child who was the subject of abduction proceedings under the Hague Convention should be largely that of a passive recipient of whatever communication the child wished to transmit, which the judge should not probe or seek to test.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

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Child-grooming loophole must be closed, says charity – BBC News

Posted April 2nd, 2014 in child abduction, child abuse, inquiries, news, sexual grooming by sally

‘A “legal loophole” in child grooming laws should be closed, the children’s charity Barnardo’s has said.’

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BBC News, 2nd April 2014

Source: www.bbc.co.uk

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The child’s voice – New Law Journal

Posted March 28th, 2014 in child abduction, children, domicile, news by sally

‘Kirstie Gibson considers the approach taken by the court to determine the habitual residence of a child.’

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New Law Journal, 28th March 2014

Source: www.newlawjournal.co.uk

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Family law in crisis – New Law Journal

‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’

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New Law Journal, 10th February 2014

Source: www.newlawjournal.co.uk

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In re LC (Children)(Reunite International Child Abduction Centre intervening) – WLR Daily

In re LC (Children)(Reunite International Child Abduction Centre intervening) [2014] UKSC 1; [2014] WLR (D) 11

‘In determining whether an adolescent child had achieved a sufficient degree of integration into a social and family environment in a country in which she was living, so as to be habitually resident there, a relevant factor was her state of mind during that residence.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

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Habitual Residence and Joinder in Child Abduction Cases: The Supreme Court’s judgment in LC (Children) – Family Law Week

Posted January 20th, 2014 in appeals, child abduction, news, Supreme Court by sally

‘Katy Chokowry, barrister of 1 King’s Bench Walk, considers the Supreme Court’s judgment in LC (Children).’

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Family Law Week, 19th January 2014

Source: www.familylawweek.co.uk

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