Overseas Decisions Bulletin



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Children



In the matter of J (A child)

Supreme Court of the United Kingdom: [2015] UKSC 70.
Judgment delivered: 25 November 2015.
Coram: Lady Hale, Lord Wilson, Lord Reed, Lord Hughes and Lord Toulson.
Catchwords:
Children — Custody rights — Jurisdiction — Child born in United Kingdom to Moroccan parents — Child living in Morocco with mother after divorce and subject to order to reside there — Mother subsequently remarrying in the United Kingdom and bringing child from Morocco — Father unsuccessfully applying to Moroccan court for residential custody — Father six months later issuing proceedings in United Kingdom for child’s return — Whether proceedings governed by international Convention — Whether criterion of urgency satisfied — Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) (Cm 7727), art 11.
Held (5:0): Appeal allowed.





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