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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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