Success in High Court (Family Division)

Niall Macpherson-Mickel has successfully secured a return order for three children who were unlawfully removed from the United Kingdom to Iraq in a complex international child abduction case.

Appearing before Harris J in the High Court at the Royal Courts of Justice in London, Niall made applications under the Court’s inherent jurisdiction together with applications for wardship in respect of all three children. The case involved significant legal and practical challenges, arising from the children’s removal to a non-cooperating state.

Commenting on the outcome, Niall said:

“Whilst Iraq, as a sovereign state, is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, the Convention is not in force between Iraq and the United Kingdom. As a result, the only avenue available to our client was to seek the protection of the High Court through its inherent jurisdiction and wardship powers to secure the children’s return. With the invaluable assistance of the Foreign and Commonwealth Office, we remain hopeful that the family will be reunited in the near future.”

Niall was instructed by Mohammad Saladin of KC Solicitors. He is available to accept cross-jurisdictional instructions across a range of matters, including international child abduction cases and other High Court proceedings, through his Senior Clerk, Brooke Stokes.