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Family Law

The leading authority on all aspects of family law

27 JUL 2005

ABDUCTION: Best v Hesketh [2005] EWCA Civ 1380

(Court of Appeal; Thorpe and Wall LJJ and Black J; 27 July 2005) [2006] 1 FLR 593

The children, who had been abducted from Spain by the mother, then reabducted by the father back to Spain, had been returned to England under a Spanish order. The solicitor acting for the father had made strenuous attempts to obtain a certificate to cover the appeal, but had been unable to do so, and had been put in the position of having to undertake work not covered by a certificate, and of having to ask a member of the bar to work on the same basis. In the circumstances of the case the children should remain in England rather than being returned to Spain under the Hague Convention. If the court could work giving the highest priority to Hague Convention cases then it was absolutely necessary for the Legal Services Commission to give the same priority to ensure that the court was not handicapped and, perhaps even more important, that an individual parent was not in danger of injustice in the appellate process.

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