| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 131 (Jun) |
| Neutral Citation: | [2012] EWHC 1647 (Admin) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Richards LJ and Collins J |
| Representation | Alper Riza QC (instructed by Clive Sutton Solicitors) for the claimant. |
| Adina Ezekiel (instructed by the Crown Prosecution Service) for the CPS. | |
| Judgment Dates: | 20 June 2012 |
Catchwords
Minor - Custody - Rights of custody - Wrongful removal or retention - Court order granting claimant staying contact with son - Claimant failing to return son to United Kingdom following period of staying contact in Cyprus - Cypriot and English courts ordering return of son - Police obtaining warrant for claimant's arrest in connection with offence of abduction of child - Magistrates' court declining to withdraw warrant - Whether offence made out where appropriate consent existed at time child left jurisdiction - .
The Case
Minor Custody. The Divisional Court, in allowing the claimant father's application for judicial review, held that as a matter of ordinary language the expression 'takes or sends out of the United Kingdom' in s1 of the related to the act of removal of the child from the country, not to the position after the child had left the country.
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