Category: child abduction

In re M and another (Minors) [2007] UKHL 55

“The Hague Convention on the Civil Aspects of International Child Abduction 1980 had laid down the circumstances under which the return of a child who had been abducted from a contracting state could be refused, and it was neither necessary nor desirable that English courts should import an additional test of ‘exceptionality’ into the exercise of discretion provided for by the Convention.”

WLR Daily, 6th December 2007

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.

In re M and Another (Minors)

House of Lords

“The circumstances under which a court should refuse to order the return of a child who had been abducted from a state subscribing to the Hague Convention on the Civil Aspects of International Child Abduction 1980 had been laid down under the Convention itself and it was neither necessary nor desirable for English courts to add an additional test of ‘exceptionality’ over and above the requirements of the Convention.”

The Times, 6th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.