Cases
Re H (Minors) (Abduction: Custody Rights: Re S (Minors) (Abduction: Custody Rights) (1991)
13th June 1991
Court
House of Lords
Summary
Wrongful removal of boys from mother’s custody in Canada before the Act came into force.
Facts
Two appeals concerning claims by mothers of children abducted by their fathers from their habitual places of residence in foreign countries and taken to the UK. Each case was brought before ratification of the Convention of the Civil Aspects of International Child Abduction and its incorporation in the Child Abduction and Custody Act 1985.
Held
HELD: There was accordingly no jurisdiction under s.2(2) of the Act to order the children to be returned in either case.
Permission
Henry Setright KC
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