Latest key decisions in international children’s law

A good overview by Jacqueline Renton in UK Law Week of decisions in international children’s law, in particular:

a) Habitual residence
Re H-K (Children) looks at circumstances in which an initially temporary stay in another country can become habitual residence, such that the father’s Hague convention action was struck out because article 3 was not established.  A similar length stay (2 years) in  EF v MGS did not prevent a successful application however, because of different circumstances.

(b) Child’s objections
AJJ v JJ & Others canvasses the need to involve and engage the children themselves in proceedings where children’s objections are raised as a defence in Hague convention procedings.

(c) Article 13(b) harm 
Looks forward to S v C clarifying that Re E is simply a restatement, not an evolution of the law of the Hague convention regarding harm.

There is also a note on  SJ and Another v JJ and Another, where the court postponed making definitive return orders, as it did not consider it was in the child’s best interests to do so at the time of the hearing.

http://www.familylawweek.co.uk/site.aspx?i=ed96404