Re D (A Child) (Abduction: Rights of Custody) [2006] UKHL 51 – Law Journals

Children: Children’s voices

Che Meakins sets out the courts’ approach to children’s evidence and when a child should be joined as a party to proceedings ‘The court must weigh the advantage that a child’s evidence may have in determining the truth against the harm that the giving of evidence might do that child or any other child.’ In …

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Child Abduction: State of mind

Jemma Thomas and Nancy Khawam review the Supreme Court’s decision in Re LC and consider the impact on future cases ‘Habitual residence is a question of fact and, as such, any determination of habitual residence is difficult to appeal: the trial judge has made a decision on the basis of the facts that they have …

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Children: Children’s voices

Jemma Thomas and Nancy Khawam set out the courts’ approach to children’s wishes and feelings, and the weight to be attached to their views ‘The Convention does not stipulate an age below which a child cannot have attained an age and degree of maturity at which it is appropriate to take account of its views …

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Contact: The impact of delay

Kate Elliott discusses the decision in Re A and the implications of protracted proceedings in intractable contact disputes ‘A parent’s implacable hostility should rarely deter the court from ordering contact where the child’s welfare required it.’ In Re A (a child) (intractable contact proceedings: human rights violations) [2013], the Court of Appeal was concerned with …

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Child Protection: Subjective reasoning

Lauren Hall looks at recent case law regarding the correct approach to be applied upon an article 13b defence of risk of harm ‘The position after Re E was that a child would be returned if protective measures were sufficient to meet the risk of psychological or physical harm.’ One of the possible defences to …

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