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04 December 2015
Issue: 7679 / Categories: Case law , Law digest , In Court
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Family proceedings

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Re J (A Child) (1996 Hague Convention) (Morocco) [2015] UKSC 70, [2015] All ER (D) 224 (Nov)

The Supreme Court allowed a father’s appeal against a decision of the Court of Appeal dismissing his application for his child to be made a ward of court and for his summary return to Morocco, where he had been habitually resident before being unlawfully removed by his mother. The court ruled on the application of the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children 1996, in particular the scope of the jurisdiction conferred by Art 11 in “all cases of urgency” on a contracting state where a child was present, but not habitually resident.

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