Mike Gration Mike Gration

Re W-H (A Child) UPDATE. Judgment now handed down

Some thoughts on the recent appeal hearing in Re W-H, which concerned some important issues in relation to the jurisdictional scheme under the 1996 Hague Convention, in circumstances where the subject child had been wrongfully retained in Zambia

Read More
Mike Gration Mike Gration

Re S (A Child) (Jurisdiction) and subsequent costs

This case includes some interesting analysis of the Family Law Act 1986, and the circumstances in which the court will hold that ‘an application’ has been made, which involves substantive seisin for the purposes of that Act

Read More
Mike Gration Mike Gration

S v A (Rev1)

Judgment in relation to an application for the summary return of a child to Pakistan. The application was granted. The expert evidence appears to have been particularly detailed and helpful regarding the legal position in Pakistan following a return.

Read More
Mike Gration Mike Gration

JWK v DAW

1980 Hague Convention case involving an application for summary return to Czech Republic. Determination of date of retention, habitual residence, acquiescence and Art 13(b). Judgment includes a helpful agreed note on the law in relation to each area.

Read More
Mike Gration Mike Gration

Re: A & B (Children: Return Order: UAE)

Analysis of a judgment given on a father’s application for the summary return of two children to the UAE.

  • Welfare analysis on summary inherent jurisdiction return

  • Treatment of expert evidence concerning the law applied in the UAE

Read More
Mike Gration Mike Gration

London Borough of Hackney v P & Ors

Analysis of a judgment concerning issues of jurisdiction in public law care proceedings. The court considered:

  • Whether the 1996 Hague Convention applies when determining issues of jurisdiction in public law cases;

  • Whether jurisdiction for such proceedings can be founded on the basis of the presence of the child in England and Wales; and

  • On what date must jurisdiction be established?

Read More