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.’

Full report

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.’

Full guidance

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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In the matter of LC (Children); In the matter of LC (Children) (No 2) – Supreme Court

Posted January 17th, 2014 in child abduction, children, EC law, families, law reports, residence orders by sally

In the matter of LC (Children)In the matter of LC (Children) (No 2) [2014] UKSC 1

Supreme Court, 15th January 2014

Source: www.youtube.com/user/UKSupremeCourt

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Jeremy Forrest: school staff ‘missed repeated chances to blow whistle’ – The Guardian

Posted December 17th, 2013 in child abduction, child abuse, news, reports, sexual grooming, teachers by sally

‘School staff missed repeated opportunities to blow the whistle on inappropriate conduct between the maths teacher Jeremy Forrest and the teenage schoolgirl he went on to abduct, a damning review has found.’

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The Guardian, 16th December 2013

Source: www.guardian.co.uk

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Parental child abductions from UK ‘double in a decade’ – BBC News

Posted December 12th, 2013 in child abduction, news, parental rights, treaties by sally

‘The number of parental child abduction cases has more than doubled in the last decade, new figures from the Foreign and Commonwealth Office (FCO) suggest.’

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BBC News, 12th December 2013

Source: www.bbc.co.uk

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In the matter of KL (A Child) – Supreme Court

In the matter of KL (A Child) [2013] UKSC 75 | UKSC 2013/0212 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

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Are the Alarm Bells Ringing? Identifying a potential Hague Convention case and responding appropriately – Family Law Week

Posted November 25th, 2013 in child abduction, conflict of laws, foreign jurisdictions, news by tracey

‘Mandeep Gill, associate solicitor with The International Family Law Group LLP, considers the recent cautionary reminder given by Mr Justice Bodey that all practitioners must be able to identify whether there are potential Hague Convention implications in any children case with an international element.’

Full story

Family Law week, 22nd November 2013

Source:  www.familylawweek.co.uk

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