In a judgment handed down today by Mr Justice Cusworth, Stefano Nuvoloni KC, leading Baldip Singh, secured permission to appeal a decision of the Family Court, raising an important point of law.
The challenge concerns the application of the Children Act 1989 in the context of the UK’s international obligations under the Hague Convention. The appeal argues that prioritising domestic law in such cases undermines the Convention’s primacy in international child abduction matters, resulting in procedural irregularities. It is contended that this approach unfairly deprives the appellant of the opportunity to rely on defences available under the Convention, thereby compromising the fairness of the proceedings.
Instructed by Hannah Bridgwood of Nelsons.
