Re JA (Child Abduction: Non-Convention Country)

JurisdictionEngland & Wales
Date1998
CourtCourt of Appeal (Civil Division)
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11 cases
  • Re J (A Child) (Custody rights; Jurisdiction)
    • United Kingdom
    • House of Lords
    • 16 June 2005
    ...of Appeal. One view is encapsulated in the judgment of Lord Justice Ward in the case of Re JA (Child Abduction: Non-Convention Country) [1998] 1 FLR 231, the other in the judgment of Lord Justice Thorpe in the case of Osman v Elasha [2000] Fam 62. 15 In Re JA, at pp 241-3, Lord Justice War......
  • Hanna Panton (Lisa) v Panton (David)
    • Jamaica
    • Court of Appeal (Jamaica)
    • 29 November 2006
    ...be preserved, in the event that the child is summarily returned. This cautionary condition was stated by Ward, L.J. in In Re JA (Child Abduction: Non-Convention Country) [1998] 1 FLR 231, at page 241. He said: "... the court cannot be satisfied that it is in the best interests of the child......
  • K v D
    • Jamaica
    • Supreme Court (Jamaica)
    • 7 October 2003
    ...1283 the learned Judge stated: "As Ward LJ points out in the passage I have cited in Re JA (Child Abduction: Non-Conveniens Country) [1998] 1 FLR 231, 234 the principle of forum conveniens as the concept is used in other kinds of litigation has no place in the wardship jurisdiction and thus......
  • J (A Child) (2004)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 March 2004
    ...right to apply to relocate was crucial to the refusal of a return order in the case of Re JA (Child Abduction: non-Convention country) [1998] 1FLR231 and, finally, that there is no reported case of a return order that would lock the mother into the foreign jurisdiction without a right of ap......
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1 books & journal articles
  • Child abduction and non-convention countries: a comparative analysis -England and Australia
    • Caribbean Community
    • Caribbean Law Review No. 10-2, December 2000
    • 1 December 2000
    ...direct knowledge of the conditions prevailing in the place where children ordinarily have their home is able to make the decision. 40 38 [1998] 1 FLR 231. 39 Ibid at 234. 40 Ward LJ, ibid, however commented that the only reason for returning a child without After an analysis of the trial ju......

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