header-logo header-logo

Holiday abductions: far from home

22 July 2022 / Mani Singh Basi
Issue: 7988 / Categories: Features , Family
printer mail-detail
88158
How should a left behind parent proceed when their child is wrongfully retained abroad? Mani Singh Basi reports
  • Wrongful retention of children under the 1980 Hague Convention: the options available to the parent left behind.
  • The inherent jurisdiction of the courts of England & Wales when a child is retained in a country which is not a signatory to the Hague Convention.

In the field of family law, there are unfortunately circumstances when a parent either takes a child from or does not return a child to their home country. Taking an example, a child’s mother and father may have an informal arrangement for contact. It may have been envisaged that one of the parents would take the child for a holiday from England to another country for three weeks during the summer holidays and this pattern may have occurred in the past, on each occasion the travelling parent returning with the child. On the next occasion, the travelling parent may not return with the child and may indicate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll