- 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?
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.
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