The Weekly Law Reports
[1995] 3 WLR 425
[FAMILY DIVISION]
R.
v.
R. (RESIDENCE ORDER: CHILD ABDUCTION)
1995 April 5,
11,
12
Stuart-White J.
Children
— Custody rights
— Enforcement
— Wife bringing children to United Kingdom in breach of order of Spanish court
— Probable wrongful removal from Spanish jurisdiction
— Husband not invoking Hague Convention
— Wife seeking residence orders with respect to children
— Duty of court
— Whether court having “notice” of wrongful removal
— Whether bound to refrain from making residence order
— Whether husband to be informed of rights under Hague Convention
—
Matrimonial Causes Act 1973 (c. 18), s. 41 (as substituted by Children Act 1989 (c. 41), s. 108(4), Sch. 12, para. 31)
—
Child Abduction and Custody Act 1985 (c. 60), Sch. 1, arts. 7, 16