Is it time for the 1980 Hague Convention to be revised? – Family Law

Posted November 7th, 2018 in child abduction, enforcement, news, treaties by sally

‘The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (“1980 Hague Convention”) is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH). There are currently 99 Contracting Parties to the 1980 Hague Convention and it is often lauded as one of, if not the most, successful international family law initiatives.’

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Family Law, 7th November 2018

Source: www.familylaw.co.uk

Mother jailed for abducting daughters to USA – BBC News

Posted September 11th, 2018 in child abduction, extradition, news, sentencing by tracey

‘A British mother has admitted abducting her two children and moving to Alaska to live with her new partner without their father’s permission.’

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BBC News, 10th September 2018

Source: www.bbc.co.uk

The need for a ‘joined up’ or holistic evaluation of welfare in children proceedings – Family Law

‘In AH v CD and others [2018] EWHC 1643 (Fam), [2018] All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain, after the child was taken out of the jurisdiction by his mother, raised issues under the 1980 Hague Convention, and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones, barrister at 1 Garden Court Chambers, explains the issues.’

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Family Law, 28th August 2018

Source: www.familylaw.co.uk

Leaving the country to evade care proceedings – how does the court in England & Wales get your children back? – Transparency Project

Posted August 15th, 2018 in care orders, child abduction, EC law, news by sally

‘The following opinion of an Advocate General in the European Court of Justice (NB not the European Court of Human Rights at Strasbourg) is an interesting investigation as to how the courts of two different EU Member States work together to deal with the situation where parents have unlawfully removed their children from one country to the other – together with some strong criticism of how those countries failed to abide by important procedural safeguards to protect the rights of both the parents and the children.’

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Transparency Project, 14th August 2018

Source: www.transparencyproject.org.uk

‘Habitual Residence’ – sloppy explanations of the law about child abduction – Transparency Project

Posted August 10th, 2018 in child abduction, domicile, news by sally

‘Mistakes in news and media coverage of the topic often fall down around the explanations of ‘habitual residence’, a term which has a particular legal meaning (and which has seen many lawyers and judges in a tangle) – and which is of crucial importance to whether a child has technically been ‘abducted’ at all, and whether they should be sent back ‘home’.’

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Transparency Project, 9th August 2018

Source: www.transparencyproject.org.uk

Travelling abroad with children after separation – is permission needed? – Family Law

Posted July 25th, 2018 in child abduction, children, consent, divorce, holidays, news by tracey

‘Getting away on holiday with children is hard enough; following separation, there may be an additional complication and it will need early attention.’

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Family Law, 24th July 2018

Source: www.familylaw.co.uk

International child abduction proceedings: key points to note from the latest President’s guidance – Family Law

Posted March 23rd, 2018 in case management, child abduction, family courts, news, practice directions by tracey

‘On 13 March 2018, a new practice direction was issued by the President concerning Case Management and Mediation of International Child Abduction Proceedings.
A practice direction tells anyone involved in judicial proceedings how to manage the case and interpret the Court rules. The practice guidance has been issued by the President to ensure all applications are appropriately case managed – whether commenced by a without notice application or on notice. The guidance deals with a number of aspects of child abduction proceedings, but practitioners should take note in particular of the changes made in relation to without notice applications and mediation.’

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Family Law, 21st March 2018

Source: www.familylaw.co.uk

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