LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
Section 1 of the Child Abduction Act 1984 makes it an offence for a person to take a child out of the UK without appropriate consent. However, it did not make it an offence to not bring the child back into the UK. Taking a child out of the UK was not a continuous activity - it refers only the act of removal.
20 June 2012
Richards LJ; Collins J
(1) Mr Nicholas Nicolaou (N) sought to challenge by way of judicial review a decision to issue a warrant for his arrest. N had taken his son aboard to Cyprus, as was permitted by a contact order made in family law proceedings. However, N had failed to return his son. The warrant was made on the basis that there had been an offence committed under section 1 of the Child Abduction Act 1984 which prevents taking a child out of the United Kingdom without the appropriate consent. The Crown Prosecution Service had successfully argued before the district judge that ‘takes out' is a continuing activity such that the taking out becomes unlawful if the appropriate consent does not exist at the point in time when the child leaves the jurisdiction.
To read the full story, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Public Law online from the drop down menu.