- Cited — Re A and B (Children) (Summary Return: Non-Convention State) 2022-12-19
“… as quoted by the judge, at [19], included extensive summaries of the points made in Baroness Hale’s speech in In re J (A Child) (Custody Rights: Jurisdiction) [2006] 1 AC 80 (“Re J”) and in Lord Wilson’s judgment in Re NY. The latter included, at [38] of J v J, Lord Wilson’s references to section 1(3) of the CA 1989 and to PD 12J a…”
- Cited — A (Child Abduction: Article 13b) 2021-03-09
“…on the basis of the evidence before him. The matter falls squarely within the warning given in In re J (A Child) (Custody Rights: Jurisdiction) [2005] UKHL 40, [2006] 1 AC 80:…”
- Cited — G (Abduction: Consent/discretion) 2021-02-09
“…I am alive to the cautionary words of Baroness Hale in Re J (A Child) (Custody Rights: Jurisdiction) [2006] 1 AC 80 at [12]. If there is a discretion in which various factors are relevant, the evaluation and balancing of those factors is a matter for the trial judge and this…”
- Cited — M (Children) (Non-Hague Convention State) 2020-02-28
“…We were also referred to In re J (A Child) (Custody Rights: Jurisdiction) [2006] 1 AC 80 in which Baroness Hale, at [10]-[12], criticised the Court of Appeal for having intervened in the judge’s “assessment of the risk” because it was based on “fin…”
- Cited — B (Children) 2019-12-19
“…luation and balancing” exercises which are “a matter for the trial judge”: Baroness Hale of Richmond, at [12], In re J (A Child) (Custody Rights: Jurisdiction) [2006] 1 AC 80. Having regard to the various factors involved in this case, as outlined above, it is, in my view, clear that there is no basis on which this court could concl…”
- Cited — NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction) 2019-06-18
“…secure the prompt return of a child who had been wrongfully removed from his home country: see In re J (A Child) (Custody Rights: Jurisdiction) [2005] UKHL 40, [2006] 1 AC 80, paras 26, 27, and the cases cited therein.”…”
- Cited — H (Abduction: Retention In Non-Contracting State), Re 2019-04-16
“…Lady Hale said in In re J (A Child) (Custody Rights: Jurisdiction) [2006] 1 AC 80, at [22]: “There is no warrant, either in statute or authority, for the principles of The Hague Convention to be extended to countries which are not parties to…”