In re J (A Child) (Reunite International Child Abduction Centre intervening)

Additional names

Re J (A Child) (1996 Hague Convention) (Morocco)

Subject Matter

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 Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) (Cm 7727), arts 1, 3, 5, 7, 9, 11 — Council Regulation (EC) No 2201/2003, art 61

[2015] EWCA Civ 329; [2016] AC 1291; [2015] 3 WLR 747; [2015] 2 FLR 513; [2015] WLR (D) 201, CA

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 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 7, 11

[2015] UKSC 70; [2016] AC 1291; [2015] 3 WLR 1827; [2016] 4 All ER 1048; [2016] 1 FLR 170; [2015] WLR (D) 486; Case details, SC(E)

Appellate History

In re J (A Child) (Reunite International Child Abduction Centre intervening) [2014] EWHC 3588 (Fam), Fam D

Decision of Wood J reversed

In re J (A Child) (Reunite International Child Abduction Centre intervening) [2015] EWCA Civ 329; [2016] AC 1291; [2015] 3 WLR 747; [2015] 2 FLR 513; [2015] WLR (D) 201, CA

In re J (A Child) (Reunite International Child Abduction Centre intervening) [2015] EWCA Civ 329; [2016] AC 1291; [2015] 3 WLR 747; [2015] 2 FLR 513; [2015] WLR (D) 201, CA

Decision of the Court of Appeal reversed

In re J (A Child) (Reunite International Child Abduction Centre intervening) [2015] UKSC 70; [2016] AC 1291; [2015] 3 WLR 1827; [2016] 4 All ER 1048; [2016] 1 FLR 170; [2015] WLR (D) 486; Case details, SC(E)

Commentary

New Law Journal
Re J (A Child) (1996 Hague Convention) (Morocco) 165 NLJ 7649

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