Skip to main content

RAB v MIB conflict between Scottish and English Jurdisdictions

The link is to a Scottish Appeal about a case where someone took a child to England from Scotland and an English Family Court decided unlawfully to take jurisdiction.

It is symptomatic of the way in which some English and Welsh Family Courts do not follow proper procedure and yet the system basically tolerates this.

I have even seen a case where a couple were divorced without the husband being told.

Note importantly in 6.
Despite the length and complexity of those proceedings, it may be noted that there has never been any hearing in England in which evidence respecting the substantive issues concerning the welfare of the child has been heard.

This is the Court of Appeal judgment from 2004

Comments

Anonymous said…
Ouch!

"Despite the length and complexity of those proceedings, it may be noted that there has never been any hearing in England in which evidence respecting the substantive issues concerning the welfare of the child has been heard."

What is new?

Lord Justice Wall once again.

Popular posts from this blog

Six months for recording a court hearing - Norman Scarth

The link is in Russian about the imprisonment of Norman Scarth who is actually 85. He has a complex history including a court hearing which found that he used a chainsaw to fight off bailiffs when he was 75. [a court judgment which is disputed see comments] However, that does not justify imprisoning him for 6 months for recording a court hearing (see the link and ask google to translate it if your Russian is not up to it). It has got into the Argyll News Because he has been held such that people cannot get to him to sign paperwork an application for a writ of Habeas Corpus was made today. This has been adjourned until next week. The English judicial system is really not good at responding to major abuses of human rights by the judicial system.