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Family Law Week: Re F (assessment of birth family) [2021] EWFC 31
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Family Law Week: AB v CD [2021] EWHC 819
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A father successfully appealed a decision to set aside a return order.
The child, A, was born in England and aged 12 at the time of the appeal. A s mother ( M ) was a British national and his father ( F ) an Italian national. Shortly after A s birth, the family moved from England to Italy where the parents signed a declaration recognising F s paternity. A attended nursery and primary school in Italy and regularly travelled to England to visit his maternal family. In the summer of 2019, M and A travelled to England and M decided she would remain in the country with A. F travelled to England twice to try to resolve the matter and discovered M had enrolled A in an English school.
Project for the Registration of children as British citizens & Anor [2021]
Appeal and cross appeal concerning the fees charged for children to register as British citizens. Court upheld finding that the Secretary of State had failed in her duty under s.55 of the Borders, Citizenship and Immigration Act 2009 to assess children’s best interests and ensure that these were a primary consideration
Appeal and cross appeal of the decision of the High Court ([2019] EWHC 3536 (Admin) Mr Justice Jay). The claimants challenged the fees charged to children applying to register as British citizens (currently £1012, comprising £372 admin and processing costs, and £640 to be applied to subsidising other parts of the nationality, immigration and asylum system). Two arguments were relevant on the appeal
G (Abduction Consent discretion) [2021] EWCA Civ 139 (09 February 2021)
The case concerned an appeal against a return order made under the 1980 Hague Convention. The appeal mainly centred on the judge’s exercise of his discretion to make a return order, although the father challenged the findings made on the issue of consent.
The trial judge had found that the father had consented to the mother bringing the children to England from Romania, but nevertheless exercised his discretion to make a return order. His decision on habitual residence was upheld, as were his findings on consent.
The Court usefully summed up the principles to be applied when consent is raised [25]. The Court then added the principle that:
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