AAA v ASH [2009] EWHC 636 (Fam) (27 March 2009)

AAA v ASH [2009] EWHC 636 (Fam) (27 March 2009)

The father did not have rights of custody under English law at the time of removal because he did not have parental responsibility: the statutory requirements for registration were not met, the Islamic marriage was not recognised, and there was no abandonment or inchoate rights. The wrongful entry on the birth certificate did not confer rights. The statutory scheme did not violate human rights.

Citation
[2009] EWHC 636 (Fam)
Parties
Applicant: AAA; Respondent: ASH; 1st Intervener: Registrar General for England and Wales; 2nd Intervener: Secretary of State for Justice; Advocate to the Court: Advocate to the Court provided by the Attorney General
Jurisdiction
England and Wales
Judgment Date
27 March 2009
Procedural Posture
Hague Convention Child Abduction Request (article 15) / High Court Determination of Rights of Custody Under English Law for Hague Convention Purposes
Outcome
Declaration that the father did not have rights of custody under English law at the time of removal; removal was not wrongful within Article 3 of the Hague Convention.
Legal Topics
Parental Responsibility, Child Abduction, Hague Convention, Birth Registration, Legitimacy, Human Rights Act, Islamic Marriage, Inchoate Rights of Custody
Family Law International Law Human Rights Parental Responsibility Child Abduction Hague Convention Birth Registration Legitimacy +3 more

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Parties

AAA

Applicant

ASH

Respondent

Registrar General for England and Wales

1st Intervener

Secretary of State for Justice

2nd Intervener

Advocate to the Court provided by the Attorney General

Advocate to the Court

Procedural Posture

Hague Convention Child Abduction Request (article 15) / High Court Determination of Rights of Custody Under English Law for Hague Convention Purposes

Legal Issues

  1. 1 Whether the applicant father had 'rights of custody' under English law at the time of removal for Hague Convention purposes
  2. 2 Whether sole registration of the father's name on the birth certificate conferred parental responsibility
  3. 3 Whether an Islamic marriage ceremony not recognised in English law conferred any rights

Ratio Decidendi

The father did not have rights of custody under English law at the time of removal because he did not have parental responsibility: the statutory requirements for registration were not met, the Islamic marriage was not recognised, and there was no abandonment or inchoate rights. The wrongful entry on the birth certificate did not confer rights. The statutory scheme did not violate human rights.

Court Disposition

Declaration that the father did not have rights of custody under English law at the time of removal; removal was not wrongful within Article 3 of the Hague Convention.

Orders

  • No rights of custody found for the applicant father under English law as at March 2008
  • No declaration of incompatibility with the European Convention on Human Rights