*/
Family proceedings – Jurisdiction. The present appeal arose from the appellant's attempts to have contact with P, the child of her former partner, in circumstances where, following their separation, the mother had moved with P to Pakistan. The judge had dismissed appellant's applications under the Children Act 1989 and under the inherent jurisdiction of the High Court. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, held that, as to habitual residence, the judge had applied the proper principles to the relevant facts and there was no reason to interfere with her finding that P had lost her habitual residence in the present jurisdiction when she had left for Pakistan. Further, the circumstances were simply not such as to justify the exercise of the inherent jurisdiction.
Family proceedings – Jurisdiction. The present appeal arose from the appellant's attempts to have contact with P, the child of her former partner, in circumstances where, following their separation, the mother had moved with P to Pakistan. The judge had dismissed appellant's applications under the Children Act 1989 and under the inherent jurisdiction of the High Court. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, held that, as to habitual residence, the judge had applied the proper principles to the relevant facts and there was no reason to interfere with her finding that P had lost her habitual residence in the present jurisdiction when she had left for Pakistan. Further, the circumstances were simply not such as to justify the exercise of the inherent jurisdiction.
The Bar Council faces both opportunities and challenges on our key areas this year
Exclusive Q&A with Henry Dannell
Casey Randall of AlphaBiolabs discusses the benefits of Non-invasive Prenatal Paternity testing for the timely resolution of family disputes
By Louise Crush of Westgate Wealth Management
Have you considered being a barrister in the British Army? Here’s an insight into a career in Army Legal Services
Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
As the international community strives towards a more inclusive future, ongoing dialogue and reform will be essential to harmonise the Convention on the Rights of Persons with Disabilities with the complex realities of disability, says Christina Warner
‘Hard work and commitment can open doors. I believe that I am proof of that,’ says Senior Treasury Counsel Louise Oakley. She tells Anthony Inglese CB about her journey from Wolverhampton to the Old Bailey
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty