Re NY (A Child) [2019] – Family Law Week case summary

June 20, 2019

A mother’s unsuccessful appeal against an order for the summary return of a child to Israel.

MacDonald J ordered the summary return of a two-year old child to Israel under the 1980 Hague Child Abduction Convention (“the 1980 Convention”), making it clear he would have made the same order under the inherent jurisdiction.

The appeal issues were: whether there had been a retention within the scope of the 1980 Convention; whether the judge had dealt with the issue of protective measures correctly; and whether the judge had been wrong to order the summary return under either the 1980 Convention or the inherent jurisdiction. The mother submitted: the judge had failed to address the matter of retention under the 1980 Convention; if retention had been addressed then no retention would have been found; and had the 1980 Convention not applied then the judge was wrong to make a determination under the High Court’s inherent jurisdiction.

Read the full summary here.