New Judgment: K (A Child) (Northern Ireland)  UKSC 29
15 Thursday May 2014
On appeal from:  NICA 15.
The appeal concerned the correct interpretation of the ‘rights of custody’ in the Hague Convention on International Child Abduction, art 3 and the Brussels II Regulation 2201/2003/EC. The issue was whether rights of custody must be legally enforceable or include inchoate rights which would were legally recognisable.
The Court held that inchoate rights should continue to be recognised as rights of custody, provided the distinction between rights of custody and rights of access was upheld and that certain other conditions were complied with.