Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings – Family Law

‘For the purposes of this Practice Guidance, ‘international child abduction proceedings’ are proceedings in which the return of a child is sought under any of the following:
Introduction
(a) The Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (‘the 1980 Hague Convention’);
(b) The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Hague Convention’);
(c) Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (‘the Council Regulation’);
(d) The High Court’s power to make an order returning the child to another jurisdiction or to make an order for the return of the child to this jurisdiction (‘the inherent jurisdiction’).’

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Family Law, 13th March 2018

Source: www.familylaw.co.uk

Shannon Matthews: The unravelling of the truth – BBC News

Posted February 19th, 2018 in child abduction, child neglect, news, perverting the course of justice by sally

‘It is 10 years since Shannon Matthews was reported missing by her seemingly distraught mother. For 24 days, Karen Matthews played the tearful victim, pleading for the return of her “beautiful princess daughter”. When the nine-year-old was found safe, the woman at the heart of the hunt was exposed as a liar. But has the truth behind the kidnapping hoax been fully revealed?’

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BBC News, 19th February 2018

Source: www.bbc.co.uk

Surrogacy and IVF cases put the courts under pressure, says senior judge – Daily Telegraph

Posted November 29th, 2017 in assisted reproduction, child abduction, family courts, news, surrogacy by sally

‘IVF and surrogacy cases are putting the courts under pressure, a High Court judge has said, as he urged an update to legislation.’

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Daily Telegraph, 28th November 2017

Source: www.telegraph.co.uk

Child abduction returns trumped by asylum claims – Family Law

Posted September 28th, 2017 in asylum, child abduction, news, treaties by sally

‘What happens when a parent, who has abducted a child to this country and would be ordered to return the child immediately under the 1980 Hague Convention, claims asylum for themself and the child? Which takes precedence? The English High Court has just dealt with this issue.’

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Family Law, 25th September 2017

Source: www.familylaw.co.uk

Should I apply for an Emergency Protection Order? – Transparency Project

Posted September 20th, 2017 in care orders, child abduction, news by sally

‘What alternatives are there to an EPO? There are two main scenarios we will consider here :
“Private law” : one parent is worried about the safety of a child in the care of the other (but this could also be a grandparent or extended family member)
“Public law” : a parent is concerned about a child who is in the care of social services.’

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Transparency Project, 16th September 2017

Source: www.transparencyproject.org.uk

Abducted UK children at greater risk if legal ties cut, Brexit officials say – The Guardian

Posted August 23rd, 2017 in brexit, child abduction, EC law, jurisdiction, news, treaties by sally

‘Parents in the UK would find it “much more difficult” to recover abducted children if Britain fails to persuade the EU to continue legal cooperation after Brexit, according to government officials detailing their latest plans.’

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The Guardian, 22nd August 2017

Source: www.theguardian.com

Domestic Child Abduction – Legal Responses – Family Law Week

Posted April 6th, 2017 in appeals, child abduction, news, practice directions by tracey

‘Edward Devereux QC, Dr Rob George and Edward Bennett of Harcourt Chambers consider the legal options for the left behind parent where his or her child has been taken by the other parent to another part of England and Wales.’

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Family Law Week, 4th April 2017

Source: www.familylawweek.co.uk

International Children Law Update: February 2017 – Family Law Week

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 1st February 2017

Source: www.familylawweek.co.uk

Briton loses fight to stop Mormon ex-partner taking children to Utah – The Guardian

Posted December 14th, 2016 in child abduction, news by sally

‘A Briton who wanted to stop his former partner taking their children to live in an American state where the Mormon church is based has lost a family court fight.’

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The Guardian, 14th December 2016

Source: www.guardian.co.uk

Re R (Child) [2016] EWCA Civ 1016 and Relocations Within the Jurisdiction – Family Law Week

Posted November 25th, 2016 in child abduction, news, proportionality by tracey

‘Claire Molyneux, Senior Associate at Mills & Reeve LLP, considers an interesting review and reiteration by the Court of Appeal of the approach to be taken in relocations of an internal nature.’

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Family Law Week, 24th November 2016

Source: www.familylawweek.co.uk

Child trafficking: Scores missing from UK care homes – BBC News

‘Trafficked children and unaccompanied child asylum seekers are going missing from UK care homes at “an alarmingly high rate”, two charities have said.’

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BBC News, 15th November 2016

Source: www.bbc.co.uk

Child Abduction: the Article 13(b) defence and protective measures – Family Law Week

Posted October 20th, 2016 in child abduction, defences, domestic violence, news, treaties by tracey

‘Lauren Bovington, paralegal, International Family Law Group LLP, analyses a recent important Court of Appeal judgment concerning the Article 13(b) defence in 1980 Hague Convention proceedings.’

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Family Law Week, 20th October 2016

Source: www.familylawweek.co.uk

Paying the Price of Love: Costs in Hague Cases – Family Law Week

Posted September 27th, 2016 in child abduction, civil procedure rules, costs, international courts, news, treaties by sally

‘Sarah Lucy Cooper, barrister of Thomas More Chambers, considers the circumstances in which a respondent might secure a costs order against an applicant in Hague Convention abduction proceedings.’

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Family Law Week, 21st September 2016

Source: www.familylawweek.co.uk

In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening) – WLR Daily

In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening)

‘In litigation in Romania concerning the care and custody of a 10 year-old child born to Romanian parents who had lived most of his life with his mother in England, the Bucharest Court of Appeal awarded custody of the child to his father. The father obtained an order in the High Court for recognition and registration of that decision under article 21(2) of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. The mother appealed to a High Court judge pursuant to article 33 of the Regulation. The judge, allowing the appeal, refused recognition of the Romanian court order under article 23(b) on the ground that the order had been made without the child having been given an opportunity to be heard. The father, having unsuccessfully appealed to the Court of Appeal, obtained leave for a further appeal to the Supreme Court. Upon the mother challenging the father’s right to a further appeal, the Supreme Court convened a preliminary hearing to determine whether it had jurisdiction to proceed with the appeal.’

WLR Daily, 29th June 2015

Source: www.iclr.co.uk

International Children Law Update: June 2016 – Family Law Week

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 7th June 2016

Source: www.familylawweek.co.uk

Judge rules on Madonna custody dispute – BBC News

‘Madonna has been granted permission to end the British legal action over the custody of her 15-year-old son, Rocco.’

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BBC News, 21st March 2016

Source: www.bbc.co.uk

In the Matter of B (A Child): Habitual Residence and the Child-Centric Approach to Jurisdiction – Family Law Week

‘Habitual residence lies at the heart of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the 1980 Hague Convention”), and is the cornerstone of jurisdiction in international child law.  Yet despite the centrality of the concept, its definition and application have always left much room for argument; and although it is often described as “a question of fact”, it has generated large volumes of authority at the highest level.’

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Family Law Week, 14 February 2016

Source: www.familylawweek.co.uk

Tipstaff Orders – Family Law Week

Posted August 27th, 2015 in child abduction, enforcement, family courts, news, practice directions by sally

‘Sarah Jennings, barrister of 3PB Chambers, examines the purpose of and procedure for obtaining tipstaff orders.’

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Family Law Week, 26th August 2015

Source: www.familylawweek.co.uk

Judge tags families over fears they could take children to Islamic State areas – The Guardian

Posted August 5th, 2015 in child abduction, children, electronic monitoring, news, terrorism by sally

‘Adult members of two families have been ordered by a judge to be immediately fitted with electronic monitoring tags because of fears they could take children to areas controlled by Islamic State.’

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The Guardian, 4th August 2015

Source: www.guardian.co.uk

Child Abduction and Inchoate Rights – Family Law week

Posted June 19th, 2015 in child abduction, law reports, parental responsibility, treaties by tracey

‘Marie Crawford, barrister of Becket Chambers, considers one of the most significant developments in relation to child abduction cases in the last thirty years.’

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Family Law Week, 11th June 2015

Source: www.familylawweek.co.uk