Family Law Hub

Forthcoming Webinar: Wrongful removal and retention, the 1980 Hague Convention and the Art 13 exception

First announced as International Movement of Children & Child Abduction Update. To be broadcast 1-2pm 23 November

  • Victoria Miller of Fourteen looks at the current position and latest cases concerning wrongful removal or retention of children under the 1980 Hague Convention and the article 13 exception to return. In particular she will look at :

    • The distinction between removal and retention under the 1980 Hague Convention and what happens when a family are abroad on holiday and one parent takes the child to a third state
    • If a parent intends to renege on an agreement to return a child during an agreed holiday away (the agreed period of stay), at what point is there a wrongful retention? Does it occur at the end of the agreed stay or when the intention not to return is formed? This is especially important where the agreed period is a long one and thus the child’s habitual residence is likely to have changed with the result that the action under the Convention must fail.
    • Does it make any difference, if during a period of agreed absence, the taking parent makes an application to the court for a ‘lives with’ order?
    • The decision of the Supreme Court in Re C [2018] UKSC 8 – was the Supreme Court right to hold both that there is a concept of repudiatory retention under the Convention and that the repudiation does not necessarily have to be communicated to the left-behind parent?
    • A review of the jurisprudence on the three cases referred to in Article 13(1)(b)

    When? 1-2pm, Friday 23rd November 2018
    Where? Any computer with sound and broadband
    How much? Free to listen in on the day

    Victoria Miller of Fourteen


Published: 25/10/2018

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