An interesting case in relation to Child Abduction and Custody

Child Abduction and Custody Act 1985. – Hague Convention on the Civil Aspects of International ChildAbduction.  These proceedings involved the removal of two children from Australia where they were living to the United Kingdom and the proceedings engage the provisions of the Hague Convention on the Civil Aspects of International Child Abduction.  The children’s father (plaintiff) was born in Northern Ireland and is now an Australian national.  The children’s mother (defendant) was born in Northern Ireland and is a UK national. The family resided in Australia but the parents separated and the mother returned to Northern Ireland with the children whilst the father was recovering from emergency surgery without his permission. The question before the court was whether there was a grave risk of harm or it was an intolerable situation.  The Court held that a return order be made in respect of the two children.

Publication of New Domestic Violence and Sexual Violence

A 2018/2019 Action Plan under the Stopping Domestic and Sexual Violence and Abuse Strategy has been jointly published by the Department of Health and Department of Justice.  The Action Plan contributes to the 2016Stopping Domestic and Sexual Violence Abuse strategies vision in which Northern Ireland can be a society where domestic violence and sexual violence is not tolerated, and in which prevention services and response services are provided to all victims who are supported, and all perpetrators of violence are held to account.

The Action Plans are available on the Department of Justice website at

https://www.justice-ni.gov.uk/publications/stopping-domestic-and-sexual-violence-and-abuse-northern-ireland-seven-year-strategy-march-2016

Northern Ireland’s first Supreme Court Case

An application by Siobhan McLoughlin for judicial review (NI) [2018]  UK Supreme Court 48 which sat for the first time in Northern Ireland to hear the appeal.  The court ruled against the government and declared that a law preventing unmarried people from claiming widowed parents allowance (WPA) incompatible with their fundamental rights protected by the Human Rights Act 1998 (HRA) and the European Convention of Human Rights (ECHR).  This land mark decision has put pressure on the government to change the current law which has the potential to benefit many thousands of children throughout the UK.

The judgement is available to read in full online

https://www.suprememcourt.uk/cases/uksc-2017-0035.html

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