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Supreme Court Decision - In the matter of B (A child)

Supreme Court Decision - In the matter of B (A child)

We are delighted with the judgement handed down today by the Supreme Court “In The Matter of B (A child)”. The decision has modernised family law’s treatment of separating families in a majority 3-2 judgement, which stops children being in a legal limbo when they are taken abroad by one of the parents.

The Supreme Court has allowed an appeal by the non-biological mother of a child, holding that the unilateral removal of the child to Pakistan by the biological mother did not cause the child to lose her English habitual residence, and that the English court retained full jurisdiction to make decisions about her welfare.

Under the new law explained in this landmark case - the first international abduction case involving the child of a same sex couple - rather than being in a legal limbo, a child will be more likely to be protected by being considered as resident in the country from which he or she was taken.

Reunite would like to thank the legal team who formulated and presented our submissions in the proceedings; Richard Harrison QC, Madeleine Reardon and Jenny Perrins of 1 King’s Bench Walk, and Simon Bruce, Tessa Bray and Alyson Calloner of Farrer & Co.

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