Judge discharges extradition request of a mother to Hungary prioritising best interests of children and Article 8 rights

On 1 June 2023, DJ Clews discharged KS in a Hungarian extradition request. KS is the mother and sole carer to three children. Her extradition was sought by Hungary for a conviction in absence relating to fraudulent conduct some years ago. An independent report by local Social Services concluded that if her extradition went ahead, her three children would suffer significant harm – and that there were no other carers available to look after the children in this country in her absence. Accordingly, and for other reasons, the Judge concluded that extradition would be a disproportionate interference with KS’s Article 8 rights to a private and family life,  taking particular account of the best interests of her children.  

Amelia Nice was instructed by Frank Brazell  of Sperrin Law.