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08 February 2007 / Diane Watanabe
Issue: 7259 / Categories: Features , Family
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Family Law Update

PARENTAL CHILD ABDUCTION
RE D (A CHILD) (ABDUCTION: RIGHTS OF CUSTODY)

THE CHILD’S WELFARE

When dealing with the resolution of disputes over children the child’s welfare must be the court’s paramount consideration under s 1(1) of the Children Act 1989 (ChA 1989). Section 1(3) provides a welfare checklist to which the court must have regard whenever it is considering a s 8, ChA 1989 order. Of particular relevance is s 1(3)(a), ChA 1989, which stipulates that the court must have regard to the “ascertainable wishes and feelings of the child concerned (in the light of his age and understanding)”.

Consequently, where children are thought to be sufficiently mature, the court must give due weight to their views in a s 8, ChA 1989 application. Historically this approach has been rather different to the approach adopted in cases governed by the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Hague Convention). What, therefore, is the approach adopted by the Hague Convention?
 

THE REVISED BRUSSELS II

The Revised Brussels II Regulation (Council Regulation (EC) No 2201/2003) (the Revised Brussels II) took

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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