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Holiday abductions: far from home (Pt 3)

13 January 2023 / Mani Singh Basi
Issue: 8008 / Categories: Features , Child law , Family , International justice
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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 commencement

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