Source: All England Reporter
Publisher Citation: [2018] All ER (D) 78 (Feb)
Neutral Citation: [2018] UKSC 8
Court: Supreme Court
Judge:

Lady Hale P, Lord Kerr, Lord Wilson, Lord Carnwath and Lord Hughes SCJJ

Representation Henry Setright QC and Michael Gration (instructed by Crosse & Crosse Solicitors LLP) for the appellant.
  Charles Hale QC, Jacqueline Renton and Michael Edwards (instructed by Ellis Jones Solicitors LLP) for the respondent.
  Christopher Hames QC and Mark Jarman (instructed by Stewarts Law LLP) for the intervener.
Judgment Dates: 14 February 2018

Catchwords

Minor - Custody - Rights of custody

The Case

Minor Custody. The proceedings concerned the father's application, under the Hague Convention on the Civil Aspects of International Child Abduction, for the return of his children to Australia. The Supreme Court held that the mother's appeal against the Court of Appeal's order would succeed, whilst the father's cross-appeal in relation to the finding as to habitual residence would be dismissed. In arriving at its decision, the Supreme Court held that repudiatory retention in the context of child abduction under the Convention was possible in law.

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