KK (A Child), Re Judicial Review [2013] NIFam 6 (10 June 2013)

KK (A Child), Re Judicial Review [2013] NIFam 6 (10 June 2013)

Grandparents did not hold legally recognised rights of custody under Lithuanian law at the time of KK's removal; therefore, the removal was not wrongful under Brussels II or the Hague Convention, and the application for return must be dismissed.

Source-derived case information.

Citation
[2013] NIFam 6
Parties
Plaintiff: VK; Plaintiff: AK; Defendant: CC
Jurisdiction
Northern Ireland
Judgment Date
10 June 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Child Abduction, Custody, Hague Convention, Brussels II Regulation
Family Law International Law Child Abduction Custody Hague Convention Brussels II Regulation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

VK

Plaintiff

AK

Plaintiff

CC

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether removal of KK from Lithuania to Northern Ireland was wrongful under Brussels II and Hague Convention
  2. 2 Whether grandparents held rights of custody under Lithuanian law at the time of removal

Ratio Decidendi

Grandparents did not hold legally recognised rights of custody under Lithuanian law at the time of KK's removal; therefore, the removal was not wrongful under Brussels II or the Hague Convention, and the application for return must be dismissed.

Court Disposition

application dismissed