Supreme Court Judgment in our case of G v G

Today the UK Supreme Court handed down judgment in our case of G v G. At the heart of the appeal was the interrelationship between the law relating to the unlawful movement of children and the law relating to asylum and immigration. In particular, the Court considered the impact of an asylum application on the proper progress and determination of an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Partner Carolina Marín Pedreño and Solicitor Aysel Akhundova represented the respondent father and instructed Edward Devereux QC (of Harcourt Chambers), Zane Malik QC (of 39 Essex Chambers) and William Tyzack (of Queen Elizabeth Building).

By its decision, the Supreme Court affirmed the importance of progressing and determining applications under the 1980 Hague Convention as expeditiously as possible. It also invited Parliament to pass further legislation to ensure that delays were kept to a minimum in circumstances where a respondent to, or subject child of, an application under the 1980 Hague Convention had made an asylum application.

Carolina Marin Pedreño, partner at Dawson Cornwell, commented, “This is a landmark decision which sets out the approach that must be followed in cases where there has been the wrongful removal or retention of children and where asylum and immigration issues arise. It is a very welcome decision, in which the UK Supreme Court has emphasised the commitment of the UK to the terms of the 1980 Hague Convention.”

Read the full Press Release and Judgment.