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

21 NOV 2006

IMMIGRATION/HUMAN RIGHTS: EM (Lebanon) v Secretary of State for the Home Department [2006] EWCA Civ 1531

(Court of Appeal; Carnwath and Gage LJJ and Bodey J, 21 November 2006)

The Lebanese mother would automatically lose custody of the 7-year-old child if she returned to Lebanon, as under Sharia law physical custody of the child was normally given to the mother until the child was 7 and thereafter was automatically given to the father. The mother claimed asylum, arguing that the denial of the right to participate in the upbringing of the child after the age of 7 was a complete denial of her right to family life.

The Lebanese courts had power to grant the mother visitation rights, and on the evidence would exercise that impartially. The mother's enjoyment of family life with the child, although severely restricted, would therefore not be completely denied or nullified, and there was no reason to grant asylum to the mother.

Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...

Financial Remedies Handbook

Financial Remedies Handbook

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

Available in Lexis®Library