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Family Law Update

08 February 2007 / Diane Watanabe
Issue: 7259 / Categories: Features , Family
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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

Moore Barlow—Jess Ready & Natasha Jones

Moore Barlow—Jess Ready & Natasha Jones

Commercial property and corporate teams expand in Southampton

Watershed—Rob Elliott

Watershed—Rob Elliott

Employment firm expands capability with experienced hire

Devonshires—Aoife Murphy & Mandeep Sahota

Devonshires—Aoife Murphy & Mandeep Sahota

Housing management and property litigation team bolstered by partner hires

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