The WLR Daily case summaries
[2019] WLR (D) 601
Supreme Court
In re NY (A Child) (Reunite International and others intervening)
[2019] UKSC 49
2019 July 18; Oct 30
Lord Wilson, Lord Hodge, Lady Black, Lord Kitchin, Lord Sales JJSC
Children— Custody rights— Jurisdiction— Habitual residence— Child born in Israel and moving with parents to England— Shortly after arrival father voicing intention to move with family back to Israel— Father returning to Israel but mother and child remaining in England— Father applying for summary order for return of child under Hague Convention 1980 on basis of mother’s wrongful retention— Judge granting order on basis that criteria under Convention met— Court of Appeal deciding not open to judge to make order under Convention and substituting summary order for immediate return of child to Israel under inherent jurisdiction— Whether inherent jurisdiction available— Whether exercise of inherent jurisdiction flawed—
Children Act 1989 (c 41), ss 8(1), 10
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FPR
Pt 12, Practice Direction 12D, para 1