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13 October 2023
Issue: 8044 / Categories: Case law , In Court , Law digest
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Law digests: 13 October 2023

Abduction

Re D (a Child) (Abduction: Child’s Objections: Representation of Child Party) [2023] EWCA Civ 1047, [2023] All ER (D) 05 (Oct)

The Court of Appeal, Civil Division, ruled on various issues in relation to a child’s (D) appeal against the judge who found that D objected to being returned to Singapore but exercised his discretion by making a return order. D had acted through his solicitor during these proceedings, in which the solicitor was also appointed by the court as his guardian in the proceedings. The issues were whether: (i) the judge erred in his approach to the role of a solicitor who is also acting as guardian in proceedings under the Hague Convention of 25 October 1980 on Civil International Aspects of Child Abduction (the 1980 Hague Convention) and, as a result, wrongly attached no weight to the opinions of the solicitor; (ii) the judge erred in attaching little weight to the views of a Gillick-competent child on the basis that he had been exposed to the father’s undue influence;

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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