Edward Devereux QC successfully opposed an order seeking the return of two children being retained in China


8th February 2019

Edward represented the respondent Mother in the case of L  v M in the High Court. The case concerned two young children born in England to Chinese parents. The family lived in England and visited China. After the Father returned to England the Mother stayed on in China, requested a divorce, and refused to return the children to England. The Father sought the return of the children.

 

The court had to consider whether it had jurisdiction under Art 8 or Art 10 of Brussels II Revised. Edward successfully argued that the court had no jurisdiction to make orders about the children and even if it did the children's best interests required them to remain in China. 

 

The judgment can be read here.



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