Source: All England Reporter
Publisher Citation: [2017] All ER (D) 16 (Nov)
Neutral Citation: [2017] EWCA Civ 1677
Court: Court of Appeal, Civil Division

King, Lindblom and Henderson LJJ

Representation Aidan Vine QC and Martyn Bennett for the mother.
  Nick Goodwin QC and Edward Bennett for the father.
Judgment Dates: 30 October 2017


Minor - Removal outside jurisdiction - Abduction

The Case

Minor Removal outside jurisdiction. The judge had failed to consider in sufficient detail what was actually likely to happen to an 11-year-old girl on her return to Italy before reaching his conclusion on whether there was a grave risk that she would be exposed to psychological harm or otherwise placed in an intolerable situation, especially if her mother were imprisoned for her prior removal of the child. Accordingly, the Court of Appeal, Civil Division, allowed the mother's appeal against the judge's decision ordering the child's return.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.