Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Kara Swift
Kara Swift
Associate
Read on

Wrongful removal and retention – rights of custody

Date:27 APR 2020
Third slide

Nicholas Anderson and Anna Sutcliffe, 1 King's Bench Walk

A prerequisite to any successful application for the summary return of an abducted child under the 1980 Hague Convention is that the applicant parent holds and exercises ‘rights of custody’.

Nicholas Anderson and Anna Sutcliffe, barristers from 1 King’s Bench Walk, consider what ‘rights of custody’ means and consider whether an applicant need hold an order for the physical custody of a child or even live with the child before they enjoy ‘rights of custody’. 

The article sets out the circumstances in which rights of custody can exist and how the courts will determine the issue.

The article also considers recent case law on ‘inchoate rights of custody’ which may be held by a carer of a child who has no other legal rights and the circumstances in which rights of custody can be held by the court as the basis for an application by a parent for the summary return of a child under the Hague Convention 1980. 

Finally, Nick and Anna deal with the circumstances where the courts may find that rights of custody are being ‘exercised’, including by applicants who have very little physical contact with the child. 


The full article will be published in the May issue of Family Law

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.

 

 

 

 

 

 



Family Law Awards 2020
Family Law Awards 2020
Shortlist announced - time to place your vote!
Family Court Practice, The
Family Court Practice, The
Order the 2020 edition due out in May
£589.99
Family Law Reports
Family Law Reports
"The unrivalled and authoritative source of...
£509.99
Categories:
Articles