G (A Child: Child Abduction) [2020] EWCA Civ 1185

Date of Case: 14 September 2020
Case Reference: [2020] EWCA Civ 1185

Decision of the Court of Appeal on the interplay between obligations of the state under the Convention on the Civil Aspects of International Child Abduction concluded on 25 October 1980 (“the 1980 Hague Convention”) as incorporated by the Child Abduction and Custody Act 1985 (“the 1985 Act”) and, on the other hand, under immigration law including the Convention and Protocol relating to the Status of Refugees adopted on 25 July 1951 and 16 December 1976 (“the 1951 Geneva Convention”) and relevant European Directives. The case addressed the apparent tension between the objective of the former expeditiously to return a wrongfully removed or retained child to his home jurisdiction and the principle of the latter that refugees should not be refouled (i.e. expelled or returned to a country where they may be persecuted). It also raises issues as to the rights of children in the context of such situations.

Bailii report: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1185.html

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