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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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