MK Family Law

The UK Supreme Court heard oral argument in January 2021 in the case of G. v. G .   The minor child's parents lived near one another in South Africa until February 2020. The minor child identified as lesbian, and the child's mother claims that she began experiencing persecution in South Africa on this basis.  The mother removed the minor child and took her to England, where she made an application for asylum.  The child's father brought a return petition under the Hague Abduction Convention.  The child's return was ordered.  The mother appealed to the UK Supreme Court asking:  1. Does a child named as a dependent on a parent's asylum application have any protection from refoulment? 2. Can a return order be made under the 1980 Hague Convention even where a child has protection from refoulment? 3. Should the High Court be slow to stay an application under the 1980 Convention prior to determination of an application for asylum? On March 19, 2021, the Supr...

The UK Supreme Court heard oral argument this week in the case of G v. G, on the complex issue of a child's asylum claim and a parent's request to return that child using the Hague Abduction Convention to the country that the child is trying to escape.  You can find the case details here .  The questions presented to the Supreme Court were:  1) Does a child named as a dependent on a parent's asylum application have any protection from refoulement?  2) Can a return order be made under the 1980 Hague Convention even where a child has protection from refoulement? 3) Should the High Court be slow to stay an application under the 1980 Hague Convention prior to determination of an application for asylum? The Court of Appeals for England and Wales concluded that the High Court was not barred from determining the Father's application for the return of his child under the Hague Abduction Convention, nor was the court barred from making an order to return the child. ...