Abstract
Can a person with no formal legal rights, but who has day-to-day care of a child, be said to have ‘rights of custody’ for the purposes of applying to a Central Authority for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction 1980? The UK Supreme Court has recently found in the case of K (A Child) (Northern Ireland) [2014] UK SC 29 that in certain circumstances, such a person has ‘inchoate rights’ and can apply for the return of a child. This case note reviews the UK Supreme Court decision and compares the reasoning of the New Zealand Court of Appeal in a similar 2009 case of Fairfax v Ireton [2009] 3 NZLR 289; [2009] NZFLR 433; (2009) 27 FRNZ 473 CA.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
