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19 February 2009 / David Williams
Issue: 7357 / Categories: Features , Divorce , Child law , Family
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Evolution or revolution?

David Williams charts the changing approach to the representation of children in Hague Convention cases

The demand for separate representation for children in Hague Convention proceedings has seen significant activity in the last three years with the subject receiving consideration twice in the House of Lords and three times in the Court of Appeal, most recently in Re C [2008] EWHC 517 (Fam), [2009] 1 FCR 194.

The seminal authority was for many years the decision of Mr Justice Wall in Re S (Abduction: Children: Separate Representation) [1997] 1 FLR 486. On the back of this decision separate representation for children was rare indeed over the next 10 years. When children were represented it took a variety of forms from Children and Family Court Advisory Support Service Legal (now CAFCASS High Court Team) to children instructing solicitors directly. Hague cases were seemingly insulated against the sea-change occurring in private law. Th e end of the beginning came in July 2006 when the Court of Appeal heard Re H [2006] EWCA Civ 1247,

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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