Cross-Jurisdictional Case: Where Extradition Meets Family Law
At Berri’s Law, we pride ourselves on tackling even the most multifaceted, delicate, and high-stakes cases, demonstrating tenacity, cross-border expertise, and an unwavering commitment to families. A recent High Court victory in 2024, masterminded by HCA and Senior Partner, Julian Hayes, casts a spotlight on our ability to deliver robust solutions for international families facing daunting legal battles on multiple fronts.
The case centred on a US family who relocated to the UK at the start of 2024. Not long after settling and enrolling their three children in UK schools, events took a dramatic turn. Both parents were arrested at Newcastle Airport on a US extradition warrant relating to a fraud investigation back in the States. With both parents taken into custody, their children were suddenly left without parental care or familial support. Gateshead Council launched urgent care proceedings, seeking a care order and interim care arrangements, initially placing the children with trusted family friends.
Our firm was instructed at a critical juncture, representing the father in the extradition process and collaborating with counsel to oppose the care order in parallel. Early in the proceedings, the court’s primary concern was whether it had jurisdiction over the children, who were US citizens and had only recently arrived on these shores. We responded decisively, filing detailed legal arguments to establish that the children, due to the family’s integration and the children’s school placements, were now habitually residing in the UK. The High Court agreed, confirming jurisdiction and ensuring that decisions would be made in the children’s present best interests rather than dictated by transatlantic uncertainty.
As matters continued, the mother was released on bail and able to resume care of the children, while the father continued to oppose his extradition from custody. The court ordered an in-depth parenting assessment, which highlighted that the children faced no risk within their family, and there were no concerns about parental capacity or conduct. As such, this secured, at least temporarily (pending investigation), the family’s stability.
With the strength of this evidence and our determined, experienced legal advocacy, we successfully argued that the legal threshold for state intervention under s.31(2) of the Children Act 1989 was simply not met. At the final hearing, Gateshead Council accepted this argument, conceding that there was no justification to pursue care orders. The judge agreed and formally withdrew the proceedings, ending a period of intense uncertainty for the family.
One of the most significant outcomes was the court’s direction allowing its findings on the children’s habitual residence to be disclosed in the extradition proceedings. This result not only further restored the family’s security but also bolstered arguments under Article 8 of the European Convention on Human Rights, highlighting the right to private and family life in their adopted home.
This case reflects the multidimensional expertise our firm offers, seamlessly handling simultaneous family law and extradition matters, navigating cross-jurisdictional intricacies, and championing the best interests of children at the heart of every decision. We are immensely proud to have guided our client’s family through this ordeal, securing not just a legal victory but the peace and stability they deserve. If you or someone you know faces similarly intricate international family law issues, our team stands ready to provide strategic, compassionate, and effective representation.
