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When are inchoate rights of custody acquired?

When are inchoate rights of custody acquired?
Published on: 22 May 2014
Published by: LexisPSL
  • When are inchoate rights of custody acquired?
  • Original news
  • What key issues did the case raise?
  • How did the court approach the definition of ‘rights of custody’?
  • Does the judgment now clarify the law in this area?
  • Is it significant that there was a dissenting opinion by Lord Wilson?
  • Are there any remaining grey areas in this area of law?
  • In light of the decision, what should lawyers advise their clients?

Article summary

Family analysis: A Supreme Court decision that a child’s grandmother had acquired inchoate rights of custody over him such that his removal by his mother was wrongful is examined by David Williams QC, of 4 Paper Buildings. He warns that the decision could give lawyers a false sense of security that a client has rights of custody. or take a trial to read the full analysis.

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