We act pro bono in UK Supreme Court case
22nd May 2015
Rachael Kelsey and John West acted pro bono for the International Academy of Matrimonial Lawyers (IAML) in the UK Supreme Court case In the matter of AR (Appellant) v RN (Respondent) (Scotland) [2015] UKSC 35.
The appeal concerned the application of Article 3 of the Hague Convention on the Civil Aspects of International Child Abduction (‘the Convention’). Under Article 3 it is unlawful to remove or retain a child in breach of rights of custody attributed to a person under the law of the state in which the child was "habitually resident" immediately before removal or retention.
The IAML is a not-for-profit association of specialist family lawyers practising in 49 countries. Fellows of the IAML are elected on the basis of their experience of family law and their standing in their own jurisdictions. The IAML has over 690 fellows worldwide. It has observer status at the Hague Conference and IAML fellows have attended many of the sessions on the 1980 Convention.
The successful application to intervene in this case was made on the basis that the collective knowledge and experience of the fellows within the IAML would enable us to collate and put before the Court information about how the aspects of the law of habitual residence which were relevant to this case (in particular the role of parental intention) are treated in other jurisdictions. The Right Hon Lord Wilson of Culworth spoke most positively about the contribution made by the IAML- from 24:30 minutes in the afternoon session of the televised hearing- which involved many Fellows from around the world contributing their time on a pro bono basis.
