The Weekly Law Reports
[2015] 3 WLR 747
Court of Appeal
In re J (A Child) (Reunite International Child Abduction Centre intervening)
[2015] EWCA Civ 329
2015 Feb 10;
April 1
Moore-Bick, Black, Gloster LJJ
Children— Custody rights— Jurisdiction— Child born in United Kingdom to Moroccan parents— Child living in Morocco with mother after divorce and subject to order to reside there— Mother subsequently remarrying in United Kingdom and bringing child from Morocco— Father unsuccessfully applying to Moroccan court for residential custody— Father six months later issuing proceedings in United Kingdom for child’s return— Whether proceedings governed by international Convention or Council Regulation— Whether English court having jurisdiction under Convention to make return order— Whether criterion of urgency satisfied— Whether court able to exercise inherent jurisdiction—
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) (Cm 7727), arts 1, 3, 5, 7, 9, 11
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Council Regulation (EC) No 2201/2003, art 61