Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

20 SEP 2011

Child abduction: inchoate rights of custody and the unmarried father [2006] CFLQ 499

The Second Special Commission reviewing the operation of the Hague Child Abduction Convention concluded that the term 'rights of custody' in Article 3 of the Convention has a 'Convention autonomous meaning' rather than a meaning dependent on the law of any one particular Contracting State. English Convention jurisprudence has developed the concept of inchoate rights that constitute Convention 'rights of custody' where a person without legal rights is caring for a child in the absence of the parent with those legal rights. These inchoate rights have not been extended to unmarried fathers sharing the day-to-day de facto care of their children. This article considers the development of these inchoate rights against the background of an autonomous Convention meaning.

Financial Remedies Handbook

Financial Remedies Handbook

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...

Available in Lexis®Library


Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...