Sudden and unauthorised removal of children from one country to another

Willmer L.J. approvingly quoted the following excerpt from the judgment of Cross, J., the trial judge: 

“The sudden and unauthorised removal of children from one country to another is far too frequent nowadays, and as it seems to me, it is the duty of all courts in all countries to do all they can to ensure that the wrongdoer does not gain an advantage by his wrongdoing.…The courts in all countries ought, as I see it, to be careful not to do anything to encourage this tendency. This substitution of self-help for due process of law in this field can only harm the interests of wards generally, and a judge should, as I see it, pay regard to the orders of the proper foreign court unless he is satisfied beyond reasonable doubt that to do so would inflict serious harm on the child.”

Part Of Judgment
Lahore High Court
Criminal Proceedings
74048/19
2020 LHC 1172

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