Abstract
International parental child abduction is the wrongful removal or retention of a child across national borders, without the consent of those with parental responsibility or court permission. It is generally contrary to the welfare of a child to be uprooted in such a manner, and thus it is in the interest of that child to be returned to the country of his or her habitual residence so that issues relating to custody or access can be resolved there.
A Practical Guide to International Parental Child Abduction Law (England and Wales) provides a grounding on the law and practice in return proceedings, encompassing interactions between Hague Contracting States (including member States of the European Union) and non-Convention jurisdictions. Notwithstanding the UK’s exit from the EU and the end of an era for EU instruments such as the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (now repealed by the 2019 Regulation), in this jurisdiction, the UK remains a part of an international framework of treaty obligations independent of EU Laws.
Pursuant to the Child Abduction and Custody Act 1985, the 1980 Hague Convention on the Civil Aspects of International Child Abduction is the legal framework for addressing ‘Convention’ parental child abduction cases, and along with a number of domestic laws, the aim is to protect children from the harmful effects of child abduction across frontiers. It is hoped that the book will guide readers through key topics such as jurisdiction, procedure, applicable law, and enforcement, looking at these through the distinguishing lens of Convention versus non-Convention cases. The book also explore salient issues around the voice of the child, objections to return, protective measures, other remedies available under the 1980 Hague convention, and mediation.
A Practical Guide to International Parental Child Abduction Law (England and Wales) provides a grounding on the law and practice in return proceedings, encompassing interactions between Hague Contracting States (including member States of the European Union) and non-Convention jurisdictions. Notwithstanding the UK’s exit from the EU and the end of an era for EU instruments such as the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (now repealed by the 2019 Regulation), in this jurisdiction, the UK remains a part of an international framework of treaty obligations independent of EU Laws.
Pursuant to the Child Abduction and Custody Act 1985, the 1980 Hague Convention on the Civil Aspects of International Child Abduction is the legal framework for addressing ‘Convention’ parental child abduction cases, and along with a number of domestic laws, the aim is to protect children from the harmful effects of child abduction across frontiers. It is hoped that the book will guide readers through key topics such as jurisdiction, procedure, applicable law, and enforcement, looking at these through the distinguishing lens of Convention versus non-Convention cases. The book also explore salient issues around the voice of the child, objections to return, protective measures, other remedies available under the 1980 Hague convention, and mediation.
| Original language | English |
|---|---|
| Publisher | Law Brief Publishing |
| ISBN (Print) | 978-1-914608-79-7 |
| Publication status | Published - Aug 2023 |
Bibliographical note
Chapter One – IntroductionChapter Two – Child Abductions to and from England and Wales
Chapter Three – The Operation of the 1980 Hague Convention
Chapter Four – Preliminary Points under Article 3
Chapter Five – Pleading an Exception to Return
Chapter Six – The Inherent Jurisdiction of the High Court
Chapter Seven – Alternative Dispute Resolution
Chapter Eight – Trans-frontier Contact
Chapter Nine – Some Current Issues
Chapter Ten – Concluding Remarks
Keywords
- 1980 Hague Convention
- inherent jurisdiction
- transfrontier contact
- best interests of the child
- protective measures
- 1996 Hague Convention
- post brexit
- domestic abuse
- the voice of the child