AAA v ASH

AAA v ASH

The father did not acquire parental responsibility or rights of custody under English law or the Hague Convention by sole registration of birth, Islamic marriage, or cohabitation; no inchoate rights arose; human rights arguments and administrative law concepts do not override statutory requirements.

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
Family Law Hague Convention Request / Judgment on Article 15 Hague Convention Request Regarding Wrongful Removal and Parental Responsibility
Outcome
Father does not have parental responsibility or rights of custody; request answered in the negative.
Legal Topics
Parental Responsibility, Rights of Custody, Birth Registration, Legitimacy, Inchoate Rights, Estoppel, Legitimate Expectation, Human Rights Act, European Convention on Human Rights
Family Law International Child Abduction Human Rights Parental Responsibility Rights of Custody Birth Registration Legitimacy Inchoate Rights +4 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

Family Law Hague Convention Request / Judgment on Article 15 Hague Convention Request Regarding Wrongful Removal and Parental Responsibility

Legal Issues

  1. 1 Whether the father had rights of custody under the Hague Convention at the time of removal
  2. 2 Whether the father acquired parental responsibility by sole registration of birth
  3. 3 Effect of Islamic marriage on parental responsibility

Ratio Decidendi

The father did not acquire parental responsibility or rights of custody under English law or the Hague Convention by sole registration of birth, Islamic marriage, or cohabitation; no inchoate rights arose; human rights arguments and administrative law concepts do not override statutory requirements.

Court Disposition

Father does not have parental responsibility or rights of custody; request answered in the negative.

Orders

  • Declaration to be drafted regarding the father's name on the birth certificate.
  • No parental responsibility or rights of custody conferred.