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13 January 2023 / Mani Singh Basi
Issue: 8008 / Categories: Features , Child law , Family , International justice
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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 commencement of the proceedings, the applicant or the Central

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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