header-logo header-logo

13 January 2023 / Mani Singh Basi
Issue: 8008 / Categories: Features , Child law , Family , International justice
printer mail-detail

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

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll