Family Law Hub

Hague Convention 1980

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  • Came into force 1 December News, 10/12/2018, free
  • A return order was made such that the child, who had been abducted from Spain to live in the UK, was returned to Spain to live with his father. Judgment, 07/11/2018, free
  • Technical notice covering civil legal cases that involve EU countries says UK will fall back on rules that it adopts with non-EU countries News, 14/09/2018, free
  • In brief: In 2016, the child (“E”) had been moved to Russia from England by her mother (“M”) in breach of a court order prohibiting E from leaving the jurisdiction. E was now two years old and had had very limited contact with her father (“F”). F sought E’s return to the jurisdiction but acknowledged that if she were to return without M (M having made clear she refused to return to England), E’s best interests dictated that she should be placed with social services rather than himself. Whilst contact between E and F was to be encouraged and facilitated, the court concluded that this would not be achieved by ordering E’s return. Instead, a welfare hearing was listed. Judgment, 20/08/2018, free
  • In brief: The High Court ordered a child's return to England under BIIR following a non-return order being made summarily under the Hague Convention on civil aspects of international child abduction. The case highlights how a review under BIIR can lead to the reversal of a non-return order made summarily under different legislation and clarifies the framework within which the court determines applications in these circumstances. Judgment, 06/08/2018, free

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