Tuesday, July 23, 2013

A couple of interesting cases...


A couple of interesting, but quite unrelated, cases have just popped up on Bailii, and I think are worth a look.

Chronologically first comes CB v CB [2013] EWHC 2092 (Fam), a child abduction case involving the mother's application for the return of a 14 year-old child to Australia. The interesting point is that the mother's application failed because of the 'child objection' defence under Article 13 of the Hague Convention:
"The Judicial or Administrative Authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views."
The second case is M [2013] EWHC 1901 (Fam), which involved an application by a mother for a declaration under s.55A of the Family Law Act 1986 that the respondent ('Mr F') is the legal parent of her child. As Mr Justice Peter Jackson said:
"The central dispute between the mother and the father is whether the conception was the result of artificial insemination (as he says) or sexual intercourse (as she says). If conception was the result of sexual intercourse (known as natural intercourse or NI) Mr F will be the legal parent of the child, but if it was the result of artificial insemination (AI) the question of parentage depends on the effect of the Human Fertilisation and Embryology Act 2008."
...he found in favour of the mother.

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