The Law Reports (Appeal Cases)
[2022] AC 544
Supreme Court
G
v
G
[2020] EWCA Civ 1185
[2021] UKSC 9
2020 Aug 10, 11; Sept 15
Hickinbottom, Moylan, Peter Jackson LJJ
2021 Jan 25, 26, 27; March 19
Lord Lloyd-Jones, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens JJSC
Children— Custody rights— Breach— Child habitually resident in South Africa wrongfully removed by mother to England— Mother applying for asylum in England and naming child as dependant— Father applying under Hague Convention for child’s return— Whether Hague Convention application to be stayed pending determination of asylum application— Whether child named as dependant on parent’s asylum application to be treated as making own asylum application— Whether court prevented from implementing return order pending determination of asylum application—
Child Abduction and Custody Act 1985 (c 60), Sch 1, art 12[1]
—
Nationality, Immigration and Asylum Act 2002 (c 41), ss 78, 82, 104[2]
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Immigration Rules, para 329[3]
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Council Directive 2005/85/EC, arts 2(b), 7(1), 39[4]