Mavis Amonoo-Acquah in KH v MB [2023] EWHC 3194 (Fam)

12th Mar 2024 | Cases

Mavis Amonoo-Acquah was instructed by Anthony Louca Solicitors for the Respondent in KH v MB [2023] EWHC 3194 (Fam); an application for summary return of a child from Algeria, after the child’s removal from England in 2022. The respondent opposed the application. The court had to consider whether it had the power to make any orders in respect of the child under Articles 5 and/or 7 of the 1996 Hague Convention based on habitual residence, or under the more complex and novel Parens Patriae jurisdiction. The respondent argued that the 1996 Hague Convention did not apply, and that the test for exercising the Parens Patriae jurisdiction had not been met. The respondent succeeded on the 1996 Hague Convention argument, but ultimately the court considered that the test was met in order to exercise powers under Parens Patriae, thus the child’s return was ordered. 

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