A follow-up from last week’s case involving a decision that children whose parents were suspected of intending/attempting to take them to Syria to a war zone should be at home with the parents, with the parents being electronically tagged to...
But now, it looks as though they are finally correct. If you aren’t familiar with Payne v Payne, it was a Court of Appeal decision about a mother wanting to leave the country with a child and start a new life abroad.
A mother who was unable to have her abducted child returned suffered a breach of her human rights, according to the European Court of Human Rights (ECHR). The ECHR declared that her right to respect for her family life had been breached.
As someone whose life is unduly preoccupied with thinking about relocation law, I find it fascinating that the English courts cannot bring themselves to say, in straightforward terms, what we on the sidelines have known for so long - Payne v Payne...
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