Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27

Immigration: Between a rock and a hard place

Henry Setright QC and Michael Gration analyse the Supreme Court’s examination of the relationship between the 1980 Hague Convention and the Refugee Convention There is an obvious substantial risk in cases where a parent or child has sought asylum that too great a focus on the need to expeditiously determine the 1980 Hague Convention proceedings …

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Child abduction: No place like home

Kayleigh Biswas analyses the circumstances in which a return order may be made despite the left-behind parent’s agreement to a relocation ‘Establishing one of the exceptions to the 1980 Convention opens the door to the court’s exercise of discretion as to whether or not to return a child.’ The judgment in TY v HY [2019] …

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Domestic abuse: The full picture?

Joshua Green looks at the relevance and consideration of domestic abuse and harm in international relocation cases ‘The court is required to evaluate the seriousness of the allegations made, the nature of the evidence about them and their potential relevance to the decisions which must be taken.’ One of the possible defences to the summary …

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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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