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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

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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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