Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales
The courts of England and Wales permit applicants in 1980 Hague Convention child abduction proceedings also to bring concurrent applications for the return of the child to their state of habitual residence based on a summary welfare assessment, which can be issued and heard alongside the Hague appli...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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MDPI AG
2023-08-01
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| Series: | Laws |
| Subjects: | |
| Online Access: | https://www.mdpi.com/2075-471X/12/4/70 |
| _version_ | 1797584121342459904 |
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| author | Rob George James Netto |
| author_facet | Rob George James Netto |
| author_sort | Rob George |
| collection | DOAJ |
| description | The courts of England and Wales permit applicants in 1980 Hague Convention child abduction proceedings also to bring concurrent applications for the return of the child to their state of habitual residence based on a summary welfare assessment, which can be issued and heard alongside the Hague application. Given the different nature of these two applications, having them heard concurrently raises a number of challenges for the parties in terms of the evidence required and for the court in terms of the analytical process being undertaken. This article explores the nature of the two applications, the reasons why they might be brought concurrently, and the challenges that can arise in such cases. |
| first_indexed | 2024-03-10T23:48:49Z |
| format | Article |
| id | doaj.art-aac97e4aa73d4d229026cd447c88c764 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-03-10T23:48:49Z |
| publishDate | 2023-08-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-aac97e4aa73d4d229026cd447c88c7642023-11-19T01:53:00ZengMDPI AGLaws2075-471X2023-08-011247010.3390/laws12040070Concurrent Convention and Non-Convention Cases: Child Abduction in England and WalesRob George0James Netto1Faculty of Laws, University College London, London WC1E 6BT, UKThe International Family Law Group, London EC2V 6AA, UKThe courts of England and Wales permit applicants in 1980 Hague Convention child abduction proceedings also to bring concurrent applications for the return of the child to their state of habitual residence based on a summary welfare assessment, which can be issued and heard alongside the Hague application. Given the different nature of these two applications, having them heard concurrently raises a number of challenges for the parties in terms of the evidence required and for the court in terms of the analytical process being undertaken. This article explores the nature of the two applications, the reasons why they might be brought concurrently, and the challenges that can arise in such cases.https://www.mdpi.com/2075-471X/12/4/70abduction1980 Hague Conventionnon-Convention abduction casescourt procedureconcurrent applications |
| spellingShingle | Rob George James Netto Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales Laws abduction 1980 Hague Convention non-Convention abduction cases court procedure concurrent applications |
| title | Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales |
| title_full | Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales |
| title_fullStr | Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales |
| title_full_unstemmed | Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales |
| title_short | Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales |
| title_sort | concurrent convention and non convention cases child abduction in england and wales |
| topic | abduction 1980 Hague Convention non-Convention abduction cases court procedure concurrent applications |
| url | https://www.mdpi.com/2075-471X/12/4/70 |
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