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9 Cards in this Set
- Front
- Back
TAYLOR V FORD |
Father brought children to Scot from Canada without mother's consent. Father had custody order so not wrongful removal |
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MCCARTHY V MCCARTHY |
Parents agreed to keep children in Ireland but mother took them to Scot. Father had breached seperation agreement by not paying maintanace but court held that this wasnt enough to defeat his action |
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PERRIN V PERRIN |
Mother moved baby from France to Scot and father brought rights of wrongful removal as by french civil code parents automatically had custody |
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FINDLAY V FINDLAY |
Appeal court said that wrongful removal and wrongful retention are mutually exclusive (different) allowed father to take the children so removal wasnt wrongful it was not returning them that was the problem |
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IN R J (A MINOR) (ABDUCTION)
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HR is appreciable amount of time and settled intention |
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CAMERON V CAMERON |
Daughters lived with father in france but M had access. Children went to scot but M didnt send them back. F needs to demostrate HR in france to succeed and court said that he did |
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RE LC (CHILDREN (CHILDS OBJECTION TO RETURN)) |
Look at state of mind of the child for HR. BUT Baroness Hale said that a parent's actions can change the child's HR - there is no rule against this. Scary judgement |
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PROCEEDINGS BROUGHT BY A |
HR is Place which reflects some degree of integration by the child in social and family environment |
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A v A and ANOTHER |
Place where the social family environment of the child is |