Wednesday, April 15, 2009

Appalling

This appalling story requires little comment, save for the question: why was the mother forced to return to this country to defend Children Act proceedings issued here by the father, thereby putting her in harm's way? The report doesn't state exactly what orders the father sought, or whether the issue of jurisdiction (i.e. whether arrangements for the children should be dealt with by the court in this country or in Australia) was argued but if it was then I suspect that this country would have been favoured, as it had been the children's usual home. However, given the history of the matter, any such decision must now be open for serious criticism, even if it was right in law.

5 comments:

  1. I am frustrated that I cannot pass objective comment on this post, and If I say anything more I think my head will explode with absolute anger.
    I really dont know how you family lawyers do what you do without going quietly around the twist, sometimes.......

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  2. It can be very difficult at times...

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  3. that'll be a hague convention application then, which ping pongs abducted (wrongfully removed i.e. without consent of both parents) children to the country of origin for determination of children act claims by the home court. there is a 'grave risk of harm' defence to a hague application for return but it's quite a high threshold to pass.

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  4. Thanks, Lucy. Yes, since I wrote this post I've seen this report in The Times, which confirms that the Australian Court ordered her to return the children to this country. It also suggests that, hours before the stabbing, the police refused to drive her to a safe house - some investigation required there as well, I think.

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