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The need for a ‘joined up’ or holistic evaluation of welfare in children proceedings
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Family analysis: In AH v CD and others  EWHC 1643 (Fam)  All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain after the child was taken out of the jurisdiction by his mother raised issues under the 1980 Hague Convention and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones barrister at 1 Garden Court Chambers explains the issues.
What are the practical implications of this case?
This was a very unusual case which involved not only the interplay between the 1980 Hague Convention and enforcement under Council Regulation (EC) 2201/2003 (Brussels II bis) but also the issue of the discharge of a care order made by a court which had known nothing of the whereabouts of the biological father. The case reminds practitioners of the need for a ‘joined up’ or holistic evaluation of welfare which includes all the applications and consideration of any siblings or half-siblings of the subject child as well.
Williams J made...
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