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  • The Human Rights Act and children applications

    The Human Rights Act and children applications

    <p>In emotive cases involving children, it is quite common for clients to say that their human rights will be violated if, for example, the other parent is allowed to move abroad with the children.<br /><br /><!–mep-nl–><!–mep-nl–><p>In the recent case of Y (Children) [2014], the Court of Appeal had to decide whether the father could remove his two children from the UK to Missouri, USA. The Judge in the lower Court had dismissed his application and he had therefore appealed.<br /><br /><!–mep-nl–><!–mep-nl–><p>The case concerned two children, a boy aged 11 and another boy aged 7. Both children were from the father’s first marriage and he was their primary carer. He also had a 2 year old child by his second wife, who is American.<br /><br /><!–mep-nl–><!–mep-nl–><p>The father was granted permission to appeal on the basis that the Judge had not considered the potential breakdown of the father’s new family should he not be able to move to the USA and how this would affect his youngest child.<br /><br /><!–mep-nl–><!–mep-nl–><p>Ryder LJ in the Court of Appeal gave some valuable guidance about permission to remove children from the jurisdiction and if human rights should be considered.<br /><br /><!–mep-nl–><!–mep-nl–><p>He said that certain welfare factors would have to be balanced, including the potential harm to the first wife’s relationship with the two boys against the damage caused by refusing permission to remove them, the potential break-up of the second marriage and the circumstances of the ‘non-subject child of the second marriage’.<br /><br /><!–mep-nl–><!–mep-nl–><p>Ryder LJ went on to say that the Judge at first instance was correct to consider all the above factors and ‘made a value judgement’ by ‘loyally accepting

    the written evidence put before him by the parties’.<br /><br /><!–mep-nl–><!–mep-nl–><p>Furthermore, he said that it was not necessary for the Court to consider the human rights implications of any of the three children as there were no public law implications. This means that the State (the UK) was not interfering with family life as the parties were the parents not any local authority. He wished to make it clear that running a human rights argument in a private law application in the Family Court would be unlikely to succeed. <br /><br /><!–mep-nl–>


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