Category: child abduction

In re S (A Child) (Abduction: Custody Appeal) – WLR Daily

Posted March 16th, 2012 in child abduction, law reports, mental health by tracey

In re S (A Child) (Abduction: Custody Appeal): [2012] UKSC 10;  [2012] WLR (D)  78

“A child should not be returned to his country of habitual residence if the court considered that his mother who had to accompany him would on return suffer such anxieties that their effect on her mental health would create an intolerable situation for the child. It did not matter whether the mother’s anxieties were reasonable or not.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

Regina v S(C) – WLR Daily

Posted March 2nd, 2012 in child abduction, child abuse, law reports, necessity by tracey

Regina v S(C): [2012] EWCA Crim 389;  [2012] WLR (D)  54

“Where the purpose of a legislative scheme was to ensure that a child could be subject to the protection of the court, there would be no defence of necessity available in respect of the offence of removing a child from the jurisdiction of England and Wales.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Child Abduction within the United Kingdom – Association of Lawyers for Children

Posted March 2nd, 2012 in child abduction, news by tracey

“An analysis of the various provisions, the difficulties which are likely to be experienced by a litigant in person and, in the light of this, how the Legal Aid, Sentencing and Punishment of Offenders Bill might now best be amended.”

Full story

Association of Lawyers for Children, 27th February 2012

Source: www.alc.org.uk

Woman jailed for using six-year-old girl to burgle – The Independent

Posted January 24th, 2012 in burglary, child abduction, children, news by sally

“A woman who duped a six-year-old girl into breaking into a house and stealing a laptop was jailed yesterday for 20 months.”

Full story

The Independent, 24th January 2012

Source: www.independent.co.uk

Regina v Kayani; Regina v Solliman – WLR Daily

Posted December 15th, 2011 in appeals, child abduction, kidnapping, law reports, sentencing by sally

Regina v Kayani; Regina v Solliman [2011] EWCA Crim 2871; [2011] WLR (D) 364

“Where a child had been abducted by a parent it no longer necessarily followed that for policy reasons a charge of kidnapping had always to be deemed inappropriate.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

S v C: Re E Revisited – Family Law Week

Posted December 14th, 2011 in appeals, child abduction, news by sally

Jennifer Perrins, barrister, of 1 King’s Bench Walk, considers the Court of Appeal’s judgment in S v C, the first appeal concerning an Article 13b ‘defence’ under the Hague Convention following the Supreme Court’s decision in Re E (Children) (Abduction: Custody Appeal).

Full story

Family Law Week, 7th December 2011

Source: www.familylawweek.co.uk

Parents who abduct children should face longer in prison, says top judge – Daily Telegraph

Posted December 14th, 2011 in child abduction, kidnapping, news, sentencing by sally

“Parents who abduct their own children could face life sentences because of the ‘unspeakable cruelty’ they cause, the country’s most senior judge said yesterday.”

Full story

Daily Telegraph, 13th December 2011

Source: www.telegraph.co.uk

Pastor to be extradited to Kenya accused of stealing babies – The Guardian

Posted September 21st, 2011 in abuse of position of trust, child abduction, extradition, news, trafficking in human beings by michael

“A self-styled evangelical archbishop who claimed he could deliver ‘miracle babies’ to infertile women in Britain is to be extradited to his home country of Kenya to face accusations of child abduction.”

Full story

The Guardian, 21st September 2011

Source: www.guardian.co.uk

In re W (A Child) (Abduction: Contempt) – WLR Daily

Posted August 23rd, 2011 in appeals, child abduction, contempt of court, detention, law reports by sally

In re W (A Child) (Abduction: Contempt) [2011] WLR (D) 277

“Where a father repeatedly flouted court orders that he disclose the whereabouts of his child, who had been abducted and was believed to be abroad, it was open to the court to impose repeated terms of imprisonment for contempt the cumulative duration of which ostensibly exceeded the two-year term identified in section 14(1) of the Contempt of Court Act 1981.”

WLR Daily, 17th August 2011

Source: www.iclr.co.uk

English courts will continue to send home children brought here wrongfully – The Guardian

Posted June 17th, 2011 in child abduction, news by sally

“The UK takes seriously its obligations under the Hague convention dealing with parents who abduct their children.”

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The Guardian, 17th June 2011

Source: www.guardian.co.uk

In re E (Children)(Abduction: Custody Rights) – WLR Daily

Posted June 15th, 2011 in child abduction, custody, human rights, law reports by sally

In re E (Children)(Abduction: Custody Rights) [2011] UKSC 27; [2011] WLR (D) 191

“The application of article 13b of the Hague Convention on the Civil Aspects of International Child Abduction (1980) required that the best interests of the child concerned was a primary consideration for the court requested to return an abducted child and, consequently, there was no conflict between the Hague Convention and the United Nations Convention on the Rights of the Child and no obvious conflict with the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 10th June 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Girl persuades judge not to send her back to Canada as Middlesbrough is ‘more exciting’ – Daily Telegraph

Posted September 24th, 2010 in appeals, child abduction, children, family courts, news by sally

“The schoolgirl who was ‘abducted’ from her father’s home in Canada by her English mother won the right not to return after telling judges: “I never, never in my whole life want to go back there. The 13-year-old made clear her determination to stay in the Teesside town when Lord Justice Thorpe and Lady Justice Smith took the unique step of holding a private interview with her halfway through a hearing at London’s Civil Appeal Court.”

Full story

Daily Telegraph, 24th September 2010

Source: www.telegraph.co.uk

Shannon Matthews serious case review clears social workers – The Guardian

Posted June 16th, 2010 in child abduction, news, reports, social services by sally

“Social workers could not have foreseen the abduction of Shannon Matthews by her mother, a serious case review has concluded.”

Full story

The Guardian, 16th June 2010

Source: www.guardian.co.uk

In re A (Children) (Abduction: Interim Powers) – WLR Daily

Posted June 3rd, 2010 in child abduction, housing, law reports, local government by sally

In re A (Children) (Abduction: Interim Powers) [2010] EWCA Civ 586; [2010] WLR (D) 139

“S 5 of the Child Abduction and Custody Act 1985 permitted a court to give directions to a local authority to provide accommodation for the abductor and abducted children.”

WLR Daily, 28th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cardiff man jailed for stealing car with baby inside – BBC News

Posted May 10th, 2010 in child abduction, news, road traffic offences, sentencing, theft by sally

“A man who stole a car without realising a one-year-old girl was asleep in the back has been jailed for 34 months.”

Full story

BBC News, 7th May 2010

Source: www.bbc.co.uk

Court backs extradition of mother to US on abduction charge – The Guardian

Posted April 21st, 2010 in child abduction, extradition, news, obtaining property by deception by sally

“High court judges have backed demands by the home secretary and the US authorities to extradite a seriously ill woman to stand trial in America on charges of abducting her daughter 12 years ago.”

Full story

The Guardian, 21st April 2010

Source: www.guardian.co.uk

Legal first as girl, 5, consulted in ‘tug-of-love’ court case – Daily Telegraph

Posted April 16th, 2010 in child abduction, children, custody, divorce, family courts, news by sally

“A five-year-old girl involved in a ‘tug-of-love’ case has made legal history after being consulted by a court about which parent she wants to live with.”

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Daily Telegraph, 16th April 2010

Source: www.telegraph.co.uk

Ex-carer jailed over child abduction – The Independent

Posted January 30th, 2010 in child abduction, news, sentencing by sally

“A former foster carer who hid a vulnerable boy in a hollowed-out washing machine so he could evade police was jailed for 33 months today after being found guilty of child abduction.”

Full story

The Independent, 29th January 2010

Source: www.independent.co.uk

Teenage attacker behind bars after second child rape – The Independent

Posted November 12th, 2009 in child abduction, child abuse, news, rape, sentencing by sally

“A teenage sex attacker who raped a five-year-old boy days after being spared a custodial sentence for a previous attack was locked up for almost three years today.”

Full story

The Independent, 11th November 2009

Source: www.independent.co.uk

In re P-J (Children) (Abduction: Consent) – Times Law Reports

Posted August 6th, 2009 in child abduction, consent, law reports by sally

In re P-J (Children) (Abduction: Consent)

Court of Appeal

“Consent to the removal of a child from one jurisdiction to another had to be real and subsist at the time of the removal.”

The Times, 6th August 2009

Source: www.timesonline.co.uk