1KBW on International Child Abduction is a guide to the practice and procedure in international child abduction proceedings, in particular applications under the 1980 Hague Convention. It provides guidance as to the law of England and Wales and relevant international law in child abduction cases, as well as the procedures for making applications in the High Court and for pursuing appeals in the Court of Appeal and the Supreme Court. It condenses a large body of case law and international instruments into a digestible format, so that practitioners have all the tools needed for day-to-day practice in one place.
1KBW on International Child Abduction provides: - Flow charts to explain key legal principles and procedural steps, as well as diagrams which summarise important cases - A dedicated section on the 1980 Hague Convention, with individual chapters devoted to key principles such as rights of custody, habitual residence and the relevant 'defences' to applications for a summary return order - Chapters pertaining to the 1996 Hague Convention and applications under the inherent jurisdiction - Practical guidance about the procedure for making applications in the High Court, such as: how to make urgent without notice applications; the criteria for obtaining different types of Tipstaff orders; and when to seek specific orders for disclosure to assist in tracing a child - A summary of Covid-19 guidance
Legislation and guidance covered includes: - 1980 Hague Convention - 1996 Hague Convention - Child Abduction and Custody Act 1985 - Family Law Act 1986 - President's Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings
1KBW on International Child Abduction is aimed primarily at practitioners who already specialise, or are looking to specialise, in international child abduction. It can also be used as a reference tool by all family practitioners and those who have an interest in the subject.
Read an extract of 1KBW on International Child Abduction
Table of Contents
1 Introduction 2 Background and overview of the 1980 Hague Convention 3 Wrongful removals and retentions and rights of custody 4 Habitual residence 5 Consent and acquiescence 6 Article 13(b) – grave risk of harm 7 The voice of the child and child objections 8 Settlement 9 The inherent jurisdiction 10 The 1996 Hague Convention 11 Procedure for incoming and outgoing applications 12 Locating children and preventing further abduction 13 Enforcement of return orders 14 Procedure for appeals and setting aside orders Materials Child Abduction and Custody Act 1985 1980 Hague Convention on the Civil Aspects of International Child Abduction 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children List of Contracting States to the 1980 Hague Convention List of Contracting States to the 1996 Hague Convention Family Law Act 1986, Part I, Chapters I, II, V and VI Family Procedure Rules 2010, Part 12, Chapter 6 and PD 12D, PD 12E, PD 12F, PD 12J; Part 16, Chapters 1–3, 6–8 and PD 16A; Part 31 and PD 31A President's Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings (13 March 2018) Family Justice Council Guidelines for Judges Meeting Children (April 2010)