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25 October 2024
Issue: 8091 / Categories: Case law , In Court , Law digest
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Law digests: 25 October 2024

Family

S v K [2024] EWHC 2596 (Fam)

The court dismissed the father’s application for the summary return of the children to New Zealand under the Hague Convention.

The mother and children travelled to England from New Zealand in December 2023, ostensibly for a six-month visit agreed to by the father. The mother subsequently retained the children in England from May 2024, repudiating the agreement to return them to New Zealand. There was evidence of conflict between the parents and the father’s angry outbursts, which had a negative impact on the children, particularly the younger child. The mother suffered from mental health issues, including anxiety and depression, which were exacerbated by the prospect of returning to New Zealand.

The father argued that the children should be returned to New Zealand, their habitual residence, and that the exceptions under Article 13 of the Hague Convention did not apply. The mother opposed the return, arguing that the children had become habitually resident in England, that the younger child objected to being returned,

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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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