This chapter focuses on the issue of parental child abduction, i.e. the removal of children by a parent to another country without the permission of the other parent or the permission of the court. It looks at jurisdiction, in which circumstances removal may be lawful, passports, and port alerts. It examines the phenomenon of parental child abduction; the national and international law assisting parents seeking the return of a child; and the law and procedure relevant to preventing child abduction. Hague and non-Hague convention countries are also discussed, as well as what can be done if a child is abducted to a non-Hague convention country.
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Parents and caregivers are constantly making decisions about the upbringing of children in their care. This chapter looks at how courts go about doing what is best for the child or children in question in any given case. It considers examples of case work and common types of application that come before the court. In particular, it looks at applications about where a child should live and when they should spend time with a non-resident parent. The chapter ends by looking at cases involving relocation across jurisdictions and child abduction.
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This examines how the courts deal with private law issues or disputes relating to children’s upbringing, such as post-separation residence or contact disputes, or other specific issues, including international child abduction. It begins by setting out some general principles for deciding children cases which are contained in section 1 of the Children Act 1989, and procedural matters relating to such cases.
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Ruth Lamont
Family life has become increasingly international and spread across different countries. People travel from their home country to work, study, and live abroad and in doing so may meet and form relationships abroad. For English family lawyers, international families may have connections with more than one legal system. For family members themselves, their international connections may mean that their personal relationships will fall to be regulated under a legal system that is different to that of the country from which they originate. This chapter explores when the English court will recognise family relationships created in other countries and take decisions regulating relationships with a foreign dimension. It considers the central aspects of international family law, the law relating to foreign marriage, divorce, and children, including international child abduction in order to examine how English law responds to these concerns.
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Ruth Lamont
This chapter examines the legal framework governing family law with an international dimension. Given the migration of people and families between countries and legal systems, the management of family law disputes between these systems is an important issue. The chapter examines the sources of international family law, and how we connect people to particular legal systems to govern their dispute. It then considers the law in England and Wales on the recognition of marriage, jurisdiction over divorce, and disputes over children including international child abduction.
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N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter concerns parental child abduction, that is, where one parent takes the child to another place or jurisdiction without the other’s consent. The chapter discusses the issue both where the abduction is within the UK and where the child is taken to a foreign jurisdiction. The chapter begins by looking at the mechanisms to prevent abduction. It then considers the inter-UK position under the Family Law Act 1986 followed by an examination of the international position first with regard to abductions to and from ‘non-Convention countries’ and then with regard to those governed principally by the 1980 Hague Abduction Convention. In the latter regard it discusses the concepts of rights of custody, wrongful removal and wrongful retention and habitual residence. It then examines the making and refusing to make orders for the child’s return and ends with a discussion about the position with regard to access.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on child abduction whereby a parent takes a child out of England and Wales. It looks at two forms of parent–child abduction—removal without consent, and retention once consent has expired—and considers methods of preventing child abduction, including port alerts and court orders. The chapter also discusses the role of the International Child Abduction and Contact Unit (ICACU) in the recovery of an abducted child under the Child Abduction and Custody Act 1985, as long as the child is in a country that is signatory to the Hague Convention 1980, Hague Convention 1996, or European Convention. It concludes by considering extradition of the guilty parent to England and Wales.
