In the matter of J (A child)

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  • Опубліковано 24 лис 2015
  • [2015] UKSC 70
    UKSC 2015/0176
    In the matter of J (A child)
    On appeal from the Court of Appeal (Civil Division) (England and Wales)
    This appeal related to whether the courts of England and Wales had jurisdiction to make an order for the return of J to Morocco; in particular the interpretation of the requirement of urgency within Article 11 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 ("the 1996 Hague Convention").
    The Supreme Court unanimously allows the father’s appeal, holding that it is open to the English courts to exercise the article 11 jurisdiction in cases of wrongful removal under the 1996 Convention, and it orders that the case be returned to the High Court for a decision as to whether it is appropriate to do so in the circumstances of this case. Lady Hale, with whom the other justices all agree, gives the only substantive judgment.

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