LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
16 August 1999
Singer J had to consider whether to order the return of two children to the USA in order for them to live with their maternal great grandmother in circumstances where:
Firstly, Singer J liaised with the Californian criminal judge who had issued the warrant for the mother's arrest. With the assent of the US District Attorney who was listening into the conversation, the US judge gave his assurance that he would recall and quash the warrant, reinstate the mother's probation, minute the direct judicial communication on the court record, and take no further action (in the event of the Mother returning to California) until the issues relating to the children had been resolved.
Secondly, Singer J liaised with a US family law judge who agreed to do what he could to ensure that any child custody proceedings instituted in California would be given such a degree of priority as was consistent with a proper investigation of the issues raised. The US family judge made himself available to entertain representations on an inter partes basis at short notice and, in the absence of any agreement, was prepared to regulate immediate arrangements for the children on an interim basis, prior to their physical arrival in his jurisdiction.
The Red Book is the acknowledged authority on practice and procedure