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13 January 2023 / Mani Singh Basi
Issue: 8008 / Categories: Features , Child law , Family , International justice
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Holiday abductions: far from home (Pt 3)

In the third part of his series on the Hague Convention, Mani Singh Basi offers advice on efficient timetabling & evidence of habitual residence
  • Provides some practical considerations which lawyers representing clients in 1980 Hague Convention proceedings must bear in mind.
  • Notes the Hague Convention exists to secure the swift return of children who have been wrongly removed from their home country.
  • Sets out processes which family practitioners should follow to ensure clients have the greatest opportunity to have their child returned.

The 1980 Hague Convention cases in the High Court are a specialist area of the law, and it is essential that practitioners working in this field stay on top of developments and procedures. To start with, Art 11 of the 1980 Hague Convention states the following:

‘The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.

‘If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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