The WLR Daily case summaries
[2020] WLR (D) 505
Court of Appeal
In re G (A Child) (Secretary of State for the Home Department and others intervening)
[2020] EWCA Civ 1185
Hickinbottom, Moylan, Peter Jackson LJJ
2020 Aug 10, 11;
Sept 15
Sept 15
Children— Custody rights— Abduction— Mother taking child from South Africa to United Kingdom and claiming asylum— Case proceeding on basis asylum claims made by both mother and child— Judge staying father’s application for return of child pending determination of asylum claims— Whether child or taking parent’s refugee status or pending asylum claim or appeal acting as any form of bar— Nature of bar— Guidance on court’s discretion to stay proceedings—
Child Abduction and Custody Act 1985 (c 60), Sch 1
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Council Directive 2004/83/EC, art 21
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Council Directive 2005/85/EC, art 7
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Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 1A