30th Oct 2019 | News
Rob was brought in as a specialist junior for the Appellant mother in Re NY (Abduction: Inherent Jurisdiction)  UKSC 49.
This appeal concerned a father’s application for an order for the immediate return of his daughter from England and Wales to Israel. The issue raised was whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (‘the Convention’), was nonetheless entitled to grant it under the inherent jurisdiction of the High Court to make orders in relation to children (‘the inherent jurisdiction’).
Drawing on Rob’s academic research to underpin the written and oral submissions, the appellant Mother successfully appealed the decision of the Court of Appeal and of the High Court that a child could be ‘returned’ under non-Hague Convention child abduction law in circumstances where the child’s presence in this jurisdiction was not ‘wrongful’ in international law.
The judgment can be found here.