“Jennifer Perrins of 1 King’s Bench Walk analyses the Supreme Court’s judgment in In the Matter of S (A Child).”
Family Law Week, 19th March 2012
Source: www.familylawweek.com
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): [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
“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.”
Association of Lawyers for Children, 27th February 2012
Source: www.alc.org.uk
“A woman who duped a six-year-old girl into breaking into a house and stealing a laptop was jailed yesterday for 20 months.”
The Independent, 24th January 2012
Source: www.independent.co.uk
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
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).
Family Law Week, 7th December 2011
Source: www.familylawweek.co.uk
“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.”
Daily Telegraph, 13th December 2011
Source: www.telegraph.co.uk
“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.”
The Guardian, 21st September 2011
Source: www.guardian.co.uk
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
“The UK takes seriously its obligations under the Hague convention dealing with parents who abduct their children.”
The Guardian, 17th June 2011
Source: www.guardian.co.uk
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.
“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.”
Daily Telegraph, 24th September 2010
Source: www.telegraph.co.uk
“Social workers could not have foreseen the abduction of Shannon Matthews by her mother, a serious case review has concluded.”
The Guardian, 16th June 2010
Source: www.guardian.co.uk
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.
“A man who stole a car without realising a one-year-old girl was asleep in the back has been jailed for 34 months.”
BBC News, 7th May 2010
Source: www.bbc.co.uk
“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.”
The Guardian, 21st April 2010
Source: www.guardian.co.uk
“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.”
Daily Telegraph, 16th April 2010
Source: www.telegraph.co.uk
“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.”
The Independent, 29th January 2010
Source: www.independent.co.uk
“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.”
The Independent, 11th November 2009
Source: www.independent.co.uk
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