Thursday, May 15, 2014

Supreme Court decision on inchoate rights of custody

A quick heads-up for a Supreme Court decision today on inchoate rights of custody, in In the matter of K (A Child) (Northern Ireland).

The case concerned an appeal by the Lithuanian grandparents of a child against the refusal of an application for a declaration that their grandchild was being wrongfully retained by his mother in Northern Ireland, in breach of their rights of custody. The Supreme Court allowed the appeal by a majority, who considered that the English courts should continue to recognise inchoate rights as rights of custody under the Hague Convention and the Brussels II Revised Regulation, provided that certain conditions applied.

Lady Hale gave the only judgment of the majority, and here she is handing down the decision:



The full report of the judgment can be found here (HTML version here) and a press summary here.

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