| Foreword |
|
v | |
| Preface |
|
vii | |
|
|
|
xxxix | |
|
|
|
lxxi | |
|
Table of Statutory Instruments |
|
|
lxxvii | |
|
Table of International Treaties and Conventions |
|
|
lxxxiii | |
|
Table of Foreign Legislation |
|
|
xcix | |
|
Chapter 1 Introduction to and Summary of the Major International Instruments Involved in Children's Cases with an International Element |
|
|
1 | (16) |
|
|
|
2 | (1) |
|
International instruments |
|
|
2 | (1) |
|
International instruments commonly involved in children's cases |
|
|
2 | (1) |
|
How international instruments are created |
|
|
3 | (2) |
|
Interpreting international instruments |
|
|
5 | (1) |
|
Travaux preparatoires and explanatory reports |
|
|
6 | (1) |
|
|
|
6 | (1) |
|
How international instruments work -- Central Authorities |
|
|
7 | (1) |
|
Summary of the major international instruments involved in cross-border issues concerning children |
|
|
7 | (1) |
|
The United Nations Convention on the Rights of the Child |
|
|
7 | (1) |
|
The International Covenant on Civil and Political Rights |
|
|
8 | (1) |
|
The European Convention on Human Rights |
|
|
8 | (1) |
|
The Charter of Fundamental Rights of the European Union |
|
|
9 | (1) |
|
The Hague Abduction Convention |
|
|
10 | (1) |
|
The Inter-American Convention on the International Return of Children |
|
|
10 | (1) |
|
The European Custody Convention |
|
|
10 | (1) |
|
The European Convention on Contact Concerning Children |
|
|
11 | (1) |
|
The Hague Intercountry Adoption Convention |
|
|
11 | (1) |
|
The revised Brussels II Regulation |
|
|
11 | (1) |
|
The Hague Protection Convention |
|
|
12 | (1) |
|
Other procedural conventions |
|
|
13 | (1) |
|
The Hague Service Convention |
|
|
13 | (1) |
|
The European Service Regulation |
|
|
13 | (1) |
|
The Hague Evidence Convention |
|
|
14 | (1) |
|
The European Taking of Evidence Regulation |
|
|
14 | (3) |
|
Chapter 2 Jurisdiction and Applicable Law |
|
|
17 | (22) |
|
|
|
17 | (1) |
|
|
|
17 | (1) |
|
|
|
18 | (1) |
|
Original and appellate jurisdiction |
|
|
19 | (1) |
|
|
|
19 | (1) |
|
The extent of inherent powers |
|
|
20 | (1) |
|
Conferring substantive jurisdiction by consent |
|
|
21 | (1) |
|
Rules of direct and indirect jurisdiction |
|
|
21 | (1) |
|
Limits on the ability to hear disputes and make orders |
|
|
21 | (1) |
|
Stays, forum (non) conveniens and lis alibi pendens |
|
|
22 | (1) |
|
Voluntary limits on the exercise of powers |
|
|
22 | (1) |
|
|
|
23 | (1) |
|
Urgent and protective measures |
|
|
23 | (1) |
|
|
|
23 | (1) |
|
`Qualifying connections' and bases of jurisdiction |
|
|
24 | (1) |
|
|
|
25 | (3) |
|
A v A and subsequent cases |
|
|
28 | (3) |
|
|
|
31 | (3) |
|
The Australian approach to habitual residence |
|
|
34 | (5) |
|
Chapter 3 The Revised Brussels II Regulation: Introduction, Background, Scope and Interpretation |
|
|
39 | (12) |
|
Introduction to the revised Brussels II Regulation (Council Regulation (EC) 2201/2003) |
|
|
39 | (1) |
|
Background to the Regulation |
|
|
40 | (3) |
|
The scope of the Regulation |
|
|
43 | (2) |
|
|
|
45 | (3) |
|
References to the Court of Justice of the European Union for a preliminary ruling |
|
|
48 | (2) |
|
Relationships with other international instruments |
|
|
50 | (1) |
|
Chapter 4 Jurisdiction in Matters of Parental Responsibility Within the Revised Brussels II Regulation |
|
|
51 | (22) |
|
|
|
51 | (2) |
|
|
|
53 | (1) |
|
Habitual residence of children |
|
|
54 | (1) |
|
Exceptions to the basic rule |
|
|
54 | (1) |
|
Continuing jurisdiction in respect of access orders |
|
|
55 | (1) |
|
Jurisdiction in cases of child abduction |
|
|
55 | (2) |
|
Parental choice -- prorogation of jurisdiction |
|
|
57 | (3) |
|
|
|
60 | (2) |
|
Displaced children and children with no habitual residence -- presence |
|
|
62 | (1) |
|
|
|
62 | (1) |
|
Provisional and protective measures |
|
|
62 | (2) |
|
Lis pendens and dependent actions |
|
|
64 | (1) |
|
|
|
65 | (1) |
|
The general application of Art 15 |
|
|
65 | (3) |
|
The practice and procedure in England and Wales |
|
|
68 | (2) |
|
The EU Commission's reform proposals |
|
|
70 | (3) |
|
Chapter 5 Jurisdiction and Applicable Law in Cases Governed by the Hague Protection Convention |
|
|
73 | (48) |
|
|
|
74 | (1) |
|
Origins of the Convention |
|
|
75 | (1) |
|
The objectives and framework of the Convention |
|
|
76 | (2) |
|
Ratification and accession issues |
|
|
78 | (1) |
|
The distinction between ratifications and accessions |
|
|
78 | (1) |
|
Lack of competence of individual EU Member States to ratify/accede |
|
|
79 | (1) |
|
|
|
80 | (1) |
|
|
|
81 | (1) |
|
Convention not retrospective |
|
|
81 | (1) |
|
The position in the United Kingdom |
|
|
82 | (1) |
|
The scope of the Convention |
|
|
83 | (1) |
|
|
|
83 | (1) |
|
The meaning of protective measures |
|
|
83 | (3) |
|
|
|
86 | (2) |
|
|
|
88 | (1) |
|
Co-operation via Central Authorities |
|
|
88 | (2) |
|
Safeguarding rights of access |
|
|
90 | (1) |
|
|
|
91 | (1) |
|
Pre-eminence accorded to courts of the child's `habitual residence' |
|
|
92 | (1) |
|
The meaning of `habitual residence' |
|
|
92 | (2) |
|
At what point does habitual residence have to be established? |
|
|
94 | (1) |
|
Jurisdiction based on presence |
|
|
94 | (1) |
|
Refugee and displaced children etc |
|
|
94 | (1) |
|
Jurisdiction conferred by Arts 11 and 12 |
|
|
95 | (1) |
|
The application of Art 11 |
|
|
96 | (5) |
|
Transferring jurisdiction |
|
|
101 | (2) |
|
Jurisdiction of authority seised of matrimonial proceedings |
|
|
103 | (1) |
|
The position where the child's habitual residence changes |
|
|
104 | (1) |
|
|
|
105 | (2) |
|
Comparison of Jurisdictional Rules under the Revised Brussels II Regulation and the Hague Protection Convention |
|
|
107 | (3) |
|
|
|
110 | (1) |
|
|
|
110 | (1) |
|
The position with regard to parental responsibility |
|
|
111 | (1) |
|
The position upon a change of habitual residence |
|
|
112 | (2) |
|
Applying Arts 16--18 in general |
|
|
114 | (3) |
|
Application of Arts 16--18 in the UK context |
|
|
117 | (1) |
|
|
|
118 | (3) |
|
Chapter 6 Jurisdiction under the Family Law Act 1986 |
|
|
121 | (24) |
|
|
|
122 | (1) |
|
The general application of the Family Law Act 1986 |
|
|
123 | (1) |
|
|
|
123 | (2) |
|
The meaning of `s 1(1)(a)', `s 1(1)(d)' and `Part 1' orders |
|
|
125 | (1) |
|
|
|
126 | (1) |
|
The application of the 1986 Act to questions of jurisdiction within the United Kingdom etc |
|
|
126 | (1) |
|
The common jurisdictional rules created by the 1986 Act |
|
|
126 | (1) |
|
|
|
127 | (1) |
|
The power to grant a stay |
|
|
127 | (1) |
|
|
|
128 | (1) |
|
The primacy of matrimonial proceedings or civil partnership proceedings |
|
|
128 | (1) |
|
Divorce and nullity proceedings and dissolution or annulment of civil partnership proceedings take precedence over separation proceedings |
|
|
128 | (1) |
|
Meaning of `continuing' proceedings |
|
|
128 | (2) |
|
Matrimonial proceedings and civil partnership proceedings take precedence whenever instituted |
|
|
130 | (1) |
|
The position where two sets of matrimonial proceedings or civil partnership proceedings are brought |
|
|
131 | (2) |
|
Jurisdiction in non-matrimonial or civil partnership proceedings |
|
|
133 | (1) |
|
Primary jurisdiction where the child is habitually resident |
|
|
133 | (1) |
|
Position where the child is not habitually resident anywhere within the UK etc |
|
|
134 | (1) |
|
The emergency jurisdiction |
|
|
134 | (1) |
|
|
|
135 | (3) |
|
The discretion to refuse or stay applications |
|
|
138 | (3) |
|
The difficulty of accommodating mirror orders |
|
|
141 | (2) |
|
Commentary -- the need for reform |
|
|
143 | (2) |
|
Chapter 7 Wardship and the Inherent Jurisdiction of the High Court |
|
|
145 | (28) |
|
Introduction -- wardship and the inherent jurisdiction |
|
|
146 | (1) |
|
The nature and origin of wardship |
|
|
147 | (1) |
|
|
|
147 | (2) |
|
|
|
149 | (1) |
|
Who can be made a ward of court? |
|
|
149 | (1) |
|
Applications must be made in respect of children |
|
|
149 | (1) |
|
|
|
150 | (1) |
|
|
|
150 | (4) |
|
The position where the Hague Protection Convention applies |
|
|
154 | (1) |
|
The position where the Hague Abduction or the European Custody Conventions apply |
|
|
155 | (1) |
|
The discretion to exercise jurisdiction |
|
|
156 | (1) |
|
Who can apply to ward a child? |
|
|
156 | (1) |
|
The procedure for making applications |
|
|
157 | (1) |
|
Where to make the application |
|
|
157 | (1) |
|
|
|
158 | (1) |
|
|
|
159 | (1) |
|
|
|
160 | (1) |
|
Wardship taking effect upon the making of an application |
|
|
160 | (1) |
|
|
|
161 | (1) |
|
The automatic effects of wardship |
|
|
161 | (1) |
|
Removal from the jurisdiction |
|
|
161 | (1) |
|
|
|
162 | (1) |
|
|
|
162 | (1) |
|
|
|
162 | (1) |
|
Confirming or discharging the wardship |
|
|
162 | (1) |
|
|
|
163 | (1) |
|
|
|
163 | (1) |
|
|
|
164 | (2) |
|
The principles on which the court acts |
|
|
166 | (1) |
|
The use of wardship in the international context |
|
|
166 | (1) |
|
|
|
166 | (2) |
|
|
|
168 | (2) |
|
|
|
170 | (3) |
|
Chapter 8 Recognition and Enforcement of Judgments under the Revised Brussels II Regulation |
|
|
173 | (20) |
|
|
|
174 | (1) |
|
Automatic recognition of orders relating to divorce, legal separation and marriage annulment |
|
|
174 | (1) |
|
Automatic recognition of judgments relating to parental responsibility |
|
|
175 | (1) |
|
Applications relating to the recognition of judgments relating to parental responsibility |
|
|
175 | (1) |
|
Grounds for non-recognition |
|
|
175 | (1) |
|
Exclusivity of the grounds for non-recognition |
|
|
176 | (1) |
|
The public policy exception -- Art 23(a) |
|
|
176 | (1) |
|
|
|
177 | (1) |
|
The application of Art 23(a) in England and Wales |
|
|
178 | (1) |
|
Not giving the child an opportunity to be heard -- Article 23(b) |
|
|
178 | (1) |
|
Default of appearance -- Article 23(c) |
|
|
179 | (1) |
|
Enforcing judgments relating to parental responsibility |
|
|
180 | (1) |
|
|
|
181 | (1) |
|
Applications in England and Wales about judgments given in other Member States |
|
|
181 | (1) |
|
|
|
182 | (1) |
|
Ordinary applications for registration, recognition or non-recognition of a judgment |
|
|
182 | (1) |
|
|
|
183 | (1) |
|
Refusal of an application for non-recognition |
|
|
183 | (1) |
|
`Fast tracking' -- applications for the recognition and enforcement of judgments relating to access or for the return of a child under Art 11(8) of the Regulation |
|
|
183 | (1) |
|
|
|
184 | (1) |
|
|
|
184 | (1) |
|
|
|
184 | (1) |
|
Enforcing a judgment given in another Member State in England and Wales |
|
|
185 | (3) |
|
Applications for the documents necessary to enforce an order made in England and Wales in another Member State |
|
|
188 | (1) |
|
The EU Commission's reform proposals |
|
|
188 | (5) |
|
Chapter 9 Recognition and Enforcement of Judgments under the Hague Protection Convention |
|
|
193 | (12) |
|
|
|
193 | (1) |
|
Recognition and enforcement |
|
|
194 | (1) |
|
|
|
194 | (1) |
|
|
|
195 | (2) |
|
|
|
197 | (1) |
|
|
|
197 | (1) |
|
|
|
198 | (1) |
|
Refusing recognition or enforcement |
|
|
199 | (3) |
|
The procedural position in the United Kingdom |
|
|
202 | (3) |
|
Chapter 10 Recognition and Enforcement of Orders under the European Custody Convention |
|
|
205 | (34) |
|
Introduction and background to the Convention |
|
|
207 | (1) |
|
The origins of the Convention |
|
|
207 | (1) |
|
|
|
207 | (1) |
|
|
|
208 | (1) |
|
|
|
208 | (1) |
|
Post-removal orders under Article 12 |
|
|
209 | (1) |
|
Refusing recognition and enforcement where there has been an improper removal |
|
|
209 | (1) |
|
|
|
210 | (2) |
|
Effect of recognition and enforcement |
|
|
212 | (1) |
|
Summary of the key differences between the European Custody Convention and the Hague Abduction Convention |
|
|
212 | (1) |
|
|
|
213 | (2) |
|
The general application of the European Custody Convention |
|
|
215 | (1) |
|
When the Convention applies |
|
|
215 | (1) |
|
`A decision relating to custody' |
|
|
215 | (2) |
|
A decision relating to custody `given in a Contracting State and which is enforceable in such a State' |
|
|
217 | (1) |
|
|
|
218 | (1) |
|
The application of the Convention to `improper removals' |
|
|
219 | (3) |
|
Precedence of the revised Brussels II Regulation and the Hague Abduction Convention |
|
|
222 | (1) |
|
The Convention obligations |
|
|
223 | (1) |
|
Recognition and enforcement |
|
|
223 | (2) |
|
Applying for recognition and enforcement |
|
|
225 | (1) |
|
|
|
225 | (1) |
|
Seeking recognition and enforcement of orders relating to children taken from England and Wales to another European Custody Convention country |
|
|
225 | (1) |
|
Seeking recognition and enforcement of custody orders relating to children brought to England and Wales from another European Custody Convention country |
|
|
226 | (1) |
|
Refusing registration or enforcement |
|
|
227 | (2) |
|
Procedural exceptions under Art 9 |
|
|
229 | (1) |
|
Substantive exceptions under Art 10 |
|
|
230 | (6) |
|
The decision is not enforceable in the Contracting State where it was made |
|
|
236 | (1) |
|
|
|
236 | (1) |
|
Adjourning recognition or enforcement |
|
|
236 | (1) |
|
|
|
237 | (1) |
|
The effects of registration |
|
|
237 | (1) |
|
Variation and revocation of registered decisions |
|
|
238 | (1) |
|
Chapter 11 Recognition and Enforcement of Orders under the Family Law Act 1986 |
|
|
239 | (12) |
|
|
|
239 | (1) |
|
The application of the Family Law Act 1986 |
|
|
240 | (1) |
|
Background to the 1986 Act |
|
|
240 | (1) |
|
|
|
240 | (2) |
|
|
|
242 | (1) |
|
Stage 1 Applying to register the order |
|
|
242 | (2) |
|
Stage 2 Applying to enforce the order |
|
|
244 | (6) |
|
Commentary -- rethinking the enforcement process |
|
|
250 | (1) |
|
Chapter 12 International Child Custody Jurisdiction in the United States |
|
|
251 | (12) |
|
|
|
252 | (1) |
|
The international case: the UCCJEA |
|
|
252 | (1) |
|
Child custody jurisdiction under the UCCJEA |
|
|
252 | (1) |
|
Original jurisdiction: home state |
|
|
252 | (1) |
|
Significant connection jurisdiction |
|
|
253 | (1) |
|
Exclusive continuing jurisdiction |
|
|
253 | (1) |
|
Temporary emergency jurisdiction |
|
|
254 | (1) |
|
Abstention from jurisdiction |
|
|
254 | (1) |
|
Simultaneous proceedings or lis pendis |
|
|
254 | (1) |
|
|
|
255 | (1) |
|
Declining jurisdiction because of unreasonable conduct |
|
|
255 | (1) |
|
Communication and cooperation between tribunals |
|
|
255 | (1) |
|
Recognition and enforcement of custody determinations |
|
|
256 | (1) |
|
How to be sure that your child custody determination will be enforced in the United States |
|
|
256 | (1) |
|
|
|
256 | (1) |
|
Original filing in a federal court |
|
|
257 | (1) |
|
Original filing in a state court |
|
|
258 | (5) |
|
Chapter 13 International Relocation of Children |
|
|
263 | (30) |
|
|
|
264 | (3) |
|
The generally-accepted principles applicable to relocation cases |
|
|
267 | (1) |
|
The Washington Declaration |
|
|
267 | (1) |
|
The Council of Europe Recommendation |
|
|
268 | (2) |
|
`Apply, don't fly', costs and the uncertain prospects of success |
|
|
270 | (1) |
|
Relocation cases in England and Wales |
|
|
271 | (1) |
|
Relocations within the United Kingdom |
|
|
271 | (1) |
|
Short visits outside the United Kingdom |
|
|
271 | (1) |
|
Long term relocations outside the United Kingdom |
|
|
272 | (1) |
|
How English courts decide relocation cases |
|
|
273 | (1) |
|
The only authentic principle |
|
|
273 | (1) |
|
|
|
274 | (2) |
|
The welfare checklist -- Children Act 1989, s 1(3) |
|
|
276 | (1) |
|
|
|
276 | (1) |
|
|
|
276 | (1) |
|
|
|
277 | (1) |
|
The development of the current guidance |
|
|
278 | (5) |
|
K v K -- the modern starting-point |
|
|
283 | (1) |
|
Re F -- the holistic, case-specific analysis |
|
|
283 | (2) |
|
|
|
285 | (1) |
|
Relocation cases in Australia |
|
|
286 | (1) |
|
How Australian courts deal with relocation cases |
|
|
287 | (1) |
|
Rights and interests of parents: freedom of movement and limits on the powers of the court |
|
|
288 | (2) |
|
Success rate of applications |
|
|
290 | (1) |
|
Why applications are made |
|
|
290 | (1) |
|
|
|
291 | (2) |
|
Chapter 14 Placing Children Abroad: The Application of Article 56 of the Revised Brussels II Regulation and Article 33 of the Hague Protection Convention |
|
|
293 | (18) |
|
|
|
294 | (1) |
|
Article 55(a) of the Regulation |
|
|
295 | (1) |
|
Article 56 of the Regulation |
|
|
295 | (1) |
|
Health Service Executive v SC and AC |
|
|
296 | (1) |
|
Does a placement in secure care fall within the scope of the Regulation? |
|
|
297 | (1) |
|
What obligations arise out of Art 56 with regard to the consultation and consent mechanism? |
|
|
298 | (1) |
|
To be enforceable in the requested State must an order for a child's compulsory placement in another Member State be recognised and declared enforceable in that State? If so, does the placement order have legal effect prior to a declaration of enforceability? |
|
|
299 | (1) |
|
Where a court which has ordered the placement of a child in institutional care in another Member State for a specified period adopts a new decision aimed at extending that period, is it necessary to obtain (a) fresh consent under Art 56 and (b) a separate declaration of enforceability under Art 28? |
|
|
300 | (1) |
|
The application of Art 56 in England and Wales |
|
|
301 | (2) |
|
Some uncertainties about the application of Art 56 |
|
|
303 | (1) |
|
The EU Commission's reform proposals |
|
|
304 | (2) |
|
Article 33 of the Hague Protection Convention |
|
|
306 | (1) |
|
Comparing Art 33 with Art 56 |
|
|
307 | (1) |
|
The position where the Regulation applies |
|
|
307 | (1) |
|
The general application of Art 33 |
|
|
308 | (1) |
|
The application of Art 33 in England and Wales |
|
|
308 | (1) |
|
|
|
309 | (2) |
|
Chapter 15 Preventing International Child Abduction |
|
|
311 | (38) |
|
|
|
313 | (1) |
|
Preventing child abduction |
|
|
314 | (1) |
|
|
|
314 | (1) |
|
|
|
315 | (1) |
|
|
|
316 | (1) |
|
|
|
317 | (1) |
|
|
|
317 | (1) |
|
UK Passports -- court orders |
|
|
318 | (1) |
|
The English courts and non-UK passports |
|
|
318 | (1) |
|
|
|
318 | (1) |
|
|
|
319 | (1) |
|
|
|
319 | (1) |
|
|
|
319 | (1) |
|
|
|
320 | (1) |
|
|
|
320 | (1) |
|
|
|
320 | (1) |
|
Access after a return order has been made |
|
|
320 | (1) |
|
Automatic legal restraints on removal |
|
|
321 | (1) |
|
Removal from the United Kingdom by one of joint holders of parental responsibility |
|
|
321 | (1) |
|
Removal from the United Kingdom by persons named in a child arrangements order as someone with whom the child is to live |
|
|
322 | (1) |
|
Removal from the United Kingdom by special guardians |
|
|
323 | (1) |
|
Automatic legal restraints on removal from the United Kingdom |
|
|
323 | (1) |
|
Children in care or police protection |
|
|
323 | (1) |
|
Pending legal proceedings |
|
|
323 | (1) |
|
|
|
324 | (1) |
|
Preventing abduction -- starting legal proceedings |
|
|
324 | (1) |
|
A real but not immediate risk |
|
|
325 | (1) |
|
Orders expressly prohibiting the child's removal or retention |
|
|
325 | (1) |
|
Effect throughout the United Kingdom of orders restricting removal |
|
|
326 | (1) |
|
A real and immediate risk of removal -- applications without notice and police assistance |
|
|
326 | (1) |
|
|
|
327 | (1) |
|
|
|
328 | (1) |
|
Applications to the High Court |
|
|
329 | (1) |
|
Custody of surrendered passports |
|
|
330 | (1) |
|
Power to order disclosure of a child's whereabouts |
|
|
330 | (1) |
|
Power to order a search for a child, taking charge of a child and the delivery of a child |
|
|
330 | (1) |
|
Police assistance -- arresting an abductor |
|
|
330 | (1) |
|
Starting inherent jurisdiction (wardship) proceedings in England and Wales |
|
|
331 | (2) |
|
|
|
333 | (1) |
|
UK All Ports Warning -- a `Port Alert' |
|
|
333 | (1) |
|
Australia -- the Watch List |
|
|
334 | (1) |
|
Ensuring return after a temporary removal |
|
|
335 | (1) |
|
|
|
335 | (1) |
|
England and Wales -- conditions on child arrangements orders specifying a person with whom the child is to spend time etc |
|
|
336 | (1) |
|
|
|
336 | (1) |
|
Undertakings and stipulations |
|
|
337 | (1) |
|
Automatic recognition of orders |
|
|
337 | (1) |
|
|
|
337 | (1) |
|
Mirror or `back-to-back' orders |
|
|
338 | (1) |
|
|
|
339 | (1) |
|
Requiring a bond or security |
|
|
339 | (1) |
|
Criminal law and contempt |
|
|
340 | (1) |
|
|
|
341 | (1) |
|
Criminal offences -- the United Kingdom |
|
|
341 | (1) |
|
The Child Abduction Act 1984 |
|
|
342 | (3) |
|
Common law offences: kidnapping and false imprisonment |
|
|
345 | (2) |
|
The position in Australia |
|
|
347 | (2) |
|
Chapter 16 Tracing an Abducted Child |
|
|
349 | (20) |
|
|
|
350 | (1) |
|
Power to order disclosure of child's whereabouts: statutory powers |
|
|
350 | (1) |
|
Sections 33 of the Family Law Act 1986 and 24A of the Child Abduction and Custody Act 1985 |
|
|
350 | (1) |
|
|
|
351 | (1) |
|
The requirement to disclose: self-incrimination |
|
|
352 | (1) |
|
Orders directed to the police |
|
|
353 | (1) |
|
|
|
353 | (1) |
|
Power to order disclosure of child's whereabouts: the inherent jurisdiction |
|
|
354 | (1) |
|
Wardship and the exercise of the inherent power |
|
|
354 | (1) |
|
Legal professional privilege |
|
|
354 | (1) |
|
Voluntary disclosure by solicitors |
|
|
355 | (1) |
|
Information from airlines |
|
|
356 | (1) |
|
Assistance by telephone companies and internet providers |
|
|
356 | (1) |
|
Assistance by other bodies |
|
|
356 | (1) |
|
Information from government departments |
|
|
356 | (1) |
|
|
|
357 | (1) |
|
|
|
358 | (1) |
|
|
|
358 | (1) |
|
|
|
359 | (1) |
|
|
|
359 | (1) |
|
|
|
360 | (1) |
|
|
|
361 | (1) |
|
|
|
361 | (1) |
|
Abduction within the United Kingdom: statutory power to order recovery and delivery of a child |
|
|
362 | (1) |
|
|
|
363 | (1) |
|
The criminal law: extradition |
|
|
363 | (1) |
|
Acquiring the financial resources to secure return |
|
|
364 | (1) |
|
|
|
364 | (1) |
|
Preserving the property for the purposes of sequestration |
|
|
365 | (1) |
|
Forfeiture of a bond or security |
|
|
365 | (1) |
|
|
|
365 | (1) |
|
|
|
365 | (1) |
|
Assistance: procedural and practical advice |
|
|
366 | (3) |
|
Chapter 17 Hague Abduction Convention: Introduction and History |
|
|
369 | (42) |
|
Origins of the Convention |
|
|
371 | (1) |
|
Aims and objectives of the Convention |
|
|
372 | (1) |
|
Securing prompt returns and respect for rights of access |
|
|
372 | (2) |
|
The relevance of the child's welfare |
|
|
374 | (1) |
|
Compatibility with the UN Convention on the Rights of the Child |
|
|
375 | (2) |
|
Compatibility with the European Convention on Human Rights |
|
|
377 | (1) |
|
|
|
377 | (1) |
|
|
|
378 | (1) |
|
|
|
379 | (1) |
|
|
|
379 | (2) |
|
The failure to act expeditiously |
|
|
381 | (1) |
|
|
|
381 | (1) |
|
An introductory overview of the Convention |
|
|
382 | (1) |
|
|
|
382 | (1) |
|
Protecting rights of custody |
|
|
382 | (1) |
|
Protecting rights of access |
|
|
383 | (1) |
|
When the Convention applies |
|
|
383 | (1) |
|
No application to unborn children nor to those aged 16 or over |
|
|
384 | (1) |
|
Child must be habitually resident in a Contracting State before breach |
|
|
385 | (1) |
|
Who can invoke the Convention? |
|
|
385 | (1) |
|
Applications for the return of the child |
|
|
385 | (1) |
|
|
|
386 | (1) |
|
How the Convention may be invoked |
|
|
386 | (1) |
|
|
|
386 | (2) |
|
|
|
388 | (1) |
|
The role of Central Authorities and of the Permanent Bureau |
|
|
388 | (1) |
|
Interpreting the Convention |
|
|
389 | (1) |
|
The application of the Vienna Convention on the Law of Treaties |
|
|
389 | (2) |
|
Important aids to interpretation |
|
|
391 | (1) |
|
|
|
391 | (2) |
|
|
|
393 | (1) |
|
The distinction between ratifications and accessions |
|
|
393 | (1) |
|
|
|
394 | (1) |
|
The number of Contracting States |
|
|
394 | (1) |
|
How and when ratifications, accessions and declarations take effect |
|
|
395 | (1) |
|
Convention not retrospective |
|
|
395 | (1) |
|
The territorial extent of ratifications etc |
|
|
395 | (1) |
|
Duration of ratifications and accessions and denunciations |
|
|
396 | (1) |
|
|
|
397 | (1) |
|
Implementation by the United Kingdom |
|
|
398 | (1) |
|
The Contracting States to which the Convention applies |
|
|
399 | (1) |
|
Convention not retrospective |
|
|
399 | (1) |
|
|
|
400 | (1) |
|
|
|
400 | (1) |
|
Inter-relationship with the revised Brussels II Regulation |
|
|
400 | (1) |
|
Priority over the European Custody Convention |
|
|
401 | (1) |
|
Implementation by Australia |
|
|
401 | (1) |
|
The use made of the Convention |
|
|
402 | (1) |
|
The number of applications |
|
|
403 | (1) |
|
|
|
403 | (1) |
|
|
|
404 | (1) |
|
|
|
405 | (1) |
|
|
|
405 | (1) |
|
|
|
406 | (1) |
|
|
|
406 | (1) |
|
|
|
407 | (1) |
|
|
|
407 | (4) |
|
Chapter 18 Hague Abduction Convention: Central Authorities |
|
|
411 | (22) |
|
Introduction and background |
|
|
411 | (2) |
|
The obligation to establish Central Authorities |
|
|
413 | (1) |
|
Location and structure of Central Authorities |
|
|
414 | (1) |
|
|
|
414 | (1) |
|
The position in the United Kingdom |
|
|
415 | (2) |
|
Obligations, powers and functions |
|
|
417 | (1) |
|
|
|
417 | (1) |
|
The duty to promote co-operation |
|
|
418 | (1) |
|
Receiving and transmitting applications |
|
|
419 | (1) |
|
|
|
420 | (3) |
|
Providing interim protection |
|
|
423 | (1) |
|
|
|
424 | (3) |
|
The provision of information |
|
|
427 | (1) |
|
Instituting proceedings and securing legal aid and legal representation |
|
|
428 | (1) |
|
Securing the child's safe return |
|
|
429 | (4) |
|
Chapter 19 Hague Abduction Convention: Convention Concepts |
|
|
433 | (48) |
|
|
|
435 | (1) |
|
Terms in the Convention have a `Convention meaning' |
|
|
435 | (1) |
|
The necessity for a uniform interpretation amongst Contracting States |
|
|
436 | (1) |
|
A broad and purposive construction |
|
|
437 | (1) |
|
How the Convention works -- `breach of rights of custody' |
|
|
438 | (1) |
|
|
|
439 | (2) |
|
Where and when must a right of custody exist? |
|
|
441 | (1) |
|
Custody rights must actually have been exercised |
|
|
442 | (1) |
|
Does `actually' add anything to `exercised'? |
|
|
443 | (1) |
|
Restrictions on the exercise of rights |
|
|
444 | (1) |
|
Delegation of custody rights |
|
|
444 | (1) |
|
Who determines `rights of custody'? |
|
|
444 | (1) |
|
The sources of rights of custody |
|
|
445 | (2) |
|
|
|
447 | (1) |
|
The evidential value of custody orders |
|
|
448 | (1) |
|
The meaning of `rights of custody' |
|
|
448 | (1) |
|
The Convention definition of `rights of custody' |
|
|
448 | (1) |
|
Preserving the distinction between rights of custody and rights of access |
|
|
449 | (1) |
|
Beyond legal and domestic rights |
|
|
450 | (1) |
|
|
|
451 | (1) |
|
|
|
452 | (1) |
|
Rights of custody need not be enforceable |
|
|
453 | (1) |
|
Rights of custody need not be exclusive |
|
|
453 | (1) |
|
Rights of custody are human rights |
|
|
453 | (1) |
|
Identifying `rights of custody' |
|
|
453 | (1) |
|
Is there an essential element in rights of custody? |
|
|
453 | (2) |
|
The right to determine the child's place of residence |
|
|
455 | (1) |
|
|
|
455 | (1) |
|
Restrictions on removal in support of rights of access |
|
|
455 | (2) |
|
Implied restrictions on removal |
|
|
457 | (1) |
|
Inchoate rights of custody |
|
|
457 | (2) |
|
Which question does a finding that someone has `inchoate rights' answer? |
|
|
459 | (1) |
|
What is not a `right of custody' |
|
|
460 | (1) |
|
Rights to be consulted and to oversee education and living conditions |
|
|
460 | (1) |
|
The right to apply to a court for an order |
|
|
460 | (1) |
|
To whom can rights of custody be attributed? |
|
|
460 | (1) |
|
Rights of custody in a person |
|
|
460 | (1) |
|
Rights of custody in an institution or other body |
|
|
461 | (1) |
|
Rights of custody in a court |
|
|
461 | (3) |
|
Rights of custody in an English court |
|
|
464 | (1) |
|
Proceedings which may give rise to a right of custody in an English court |
|
|
465 | (1) |
|
|
|
466 | (1) |
|
Can a court really have and enforce rights? |
|
|
467 | (1) |
|
|
|
468 | (1) |
|
Breaching rights of custody -- wrongful removals and wrongful retentions |
|
|
468 | (1) |
|
The Convention definition of `wrongful' |
|
|
468 | (1) |
|
A removal must be across an international frontier |
|
|
469 | (1) |
|
A retention must outside the State of habitual residence |
|
|
470 | (1) |
|
Removals and retentions occur on specific occasions and are mutually exclusive |
|
|
471 | (1) |
|
Removals and retentions are `wrongful', not unlawful |
|
|
472 | (1) |
|
Acting in good faith and on legal advice |
|
|
472 | (1) |
|
When does a child become `wrongfully removed' or `wrongfully retained'? |
|
|
473 | (3) |
|
Consenting to a removal or retention does not preclude a return order |
|
|
476 | (1) |
|
`Wrongful' removal and state immunity |
|
|
477 | (1) |
|
Chasing orders and after acquired rights |
|
|
477 | (1) |
|
|
|
477 | (1) |
|
Does the decision not to return have to be communicated? |
|
|
478 | (1) |
|
Whose rights have to be breached? |
|
|
479 | (2) |
|
Chapter 20 Hague Abduction Convention: Declaratory Relief |
|
|
481 | (8) |
|
Declaratory relief under Article 15 of the Hague Abduction Convention |
|
|
431 | (51) |
|
Declaratory relief in the United Kingdom |
|
|
482 | (2) |
|
Declaratory relief in other jurisdictions |
|
|
484 | (1) |
|
The nature and effect of declaratory relief |
|
|
485 | (2) |
|
Applications without notice |
|
|
487 | (2) |
|
Chapter 21 Hague Abduction Convention: The Obligation to Return |
|
|
489 | (8) |
|
|
|
489 | (1) |
|
When the obligation arises |
|
|
490 | (1) |
|
Commencement of proceedings |
|
|
490 | (1) |
|
The date of the wrongful removal or retention |
|
|
490 | (1) |
|
When does a wrongful removal or retention come to an end? |
|
|
491 | (1) |
|
The nature of the obligation |
|
|
492 | (1) |
|
|
|
492 | (2) |
|
Where or to whom the child should be returned |
|
|
494 | (1) |
|
|
|
495 | (2) |
|
Chapter 22 Exceptions to the Obligation to Return: The Article 12(2) Exception |
|
|
497 | (22) |
|
|
|
498 | (1) |
|
The Article 12(2) exception |
|
|
499 | (1) |
|
Background to the exception |
|
|
499 | (1) |
|
The timescale -- when does the child have to be `settled'? |
|
|
500 | (2) |
|
Concealment and the question of `tolling' |
|
|
502 | (2) |
|
`Settled in its new environment' |
|
|
504 | (1) |
|
|
|
504 | (1) |
|
Concealment and the question of settlement |
|
|
505 | (1) |
|
Does settlement have to be long-term? |
|
|
506 | (1) |
|
The meaning of `environment' |
|
|
507 | (1) |
|
|
|
507 | (1) |
|
The difference between younger and older children |
|
|
508 | (1) |
|
|
|
509 | (1) |
|
|
|
509 | (1) |
|
The nature of the required judicial investigation |
|
|
510 | (1) |
|
The discretion to order return where it is demonstrated that the child is settled |
|
|
511 | (1) |
|
|
|
511 | (2) |
|
The source of the discretion |
|
|
513 | (2) |
|
The exercise of the discretion |
|
|
515 | (4) |
|
Chapter 23 Exceptions to the Obligation to Return: The Article 13(a) Exceptions |
|
|
519 | (26) |
|
|
|
520 | (1) |
|
The non-exercise of rights of custody |
|
|
521 | (2) |
|
|
|
523 | (1) |
|
Background to the provision |
|
|
523 | (1) |
|
General construction issues |
|
|
523 | (1) |
|
The distinction between `consent' and `acquiescence' |
|
|
523 | (1) |
|
The inter-relationship between consent and wrongful removal or retention |
|
|
524 | (2) |
|
|
|
526 | (1) |
|
To what must there be consent? |
|
|
526 | (1) |
|
Whose consent is required? |
|
|
526 | (1) |
|
Needs to be real and unequivocal but can be inferred |
|
|
527 | (1) |
|
Must not be based on fraud or misunderstanding |
|
|
528 | (1) |
|
Contemporaneous or advance? |
|
|
529 | (1) |
|
The consent must be operative at the time of removal or retention but can be withdrawn beforehand |
|
|
530 | (1) |
|
|
|
531 | (1) |
|
|
|
531 | (1) |
|
|
|
532 | (1) |
|
Satisfying the standard of proof |
|
|
532 | (1) |
|
Exercising the discretion to return |
|
|
533 | (2) |
|
|
|
535 | (1) |
|
|
|
535 | (1) |
|
The abandonment of active and passive acquiescence -- the Re H test |
|
|
536 | (1) |
|
The relevance of knowledge of the Convention |
|
|
537 | (1) |
|
|
|
538 | (1) |
|
|
|
539 | (2) |
|
|
|
541 | (1) |
|
Seeking compromises, voluntary returns or reconciliation |
|
|
542 | (1) |
|
The effect of acquiescence |
|
|
543 | (1) |
|
Acquiescence cannot subsequently be withdrawn |
|
|
543 | (1) |
|
|
|
544 | (1) |
|
Chapter 24 Exceptions to the Obligation to Return: The Article 13(b) Exception |
|
|
545 | (40) |
|
Background to the provision |
|
|
546 | (2) |
|
The proper approach to Article 13(b) |
|
|
548 | (1) |
|
The restrictive application of the exception in the United Kingdom |
|
|
548 | (2) |
|
The position in other jurisdictions |
|
|
550 | (3) |
|
The general application of Article 13(b) |
|
|
553 | (1) |
|
|
|
553 | (2) |
|
Exposing the child to physical or psychological harm or otherwise placing the child in an intolerable situation |
|
|
555 | (1) |
|
Subjective and objective tests |
|
|
556 | (2) |
|
The future element in Article 13(b) |
|
|
558 | (1) |
|
The specific application of Article 13(b) |
|
|
559 | (1) |
|
Separation of the child from the primary care-giver |
|
|
560 | (1) |
|
|
|
561 | (2) |
|
Liability to criminal proceedings |
|
|
563 | (1) |
|
|
|
564 | (1) |
|
|
|
564 | (3) |
|
The position in other jurisdictions |
|
|
567 | (2) |
|
|
|
569 | (1) |
|
The conclusions of the Reflection Paper |
|
|
570 | (1) |
|
Mental disorder on the part of the wronged parent |
|
|
571 | (1) |
|
Lack of protection in the requesting State |
|
|
572 | (2) |
|
|
|
574 | (1) |
|
Undertakings, stipulations, safe harbour orders, mirror orders and other protective measures |
|
|
575 | (1) |
|
|
|
575 | (4) |
|
|
|
579 | (1) |
|
|
|
579 | (1) |
|
Exercising the discretion to return |
|
|
580 | (1) |
|
|
|
581 | (4) |
|
Chapter 25 Exceptions to the Obligation to Return: The Child's Objections Exception |
|
|
585 | (22) |
|
Background to the provision |
|
|
586 | (2) |
|
The inter-relationship with Article 12 of the UN Convention on the Rights of the Child |
|
|
588 | (2) |
|
General construction issues |
|
|
590 | (1) |
|
Relationship with other parts of Article 13(b) |
|
|
590 | (1) |
|
No chronological threshold |
|
|
590 | (2) |
|
|
|
592 | (1) |
|
To what must the child object? |
|
|
593 | (2) |
|
The proper approach to the child's objection exception |
|
|
595 | (1) |
|
Putting the exception in issue |
|
|
595 | (1) |
|
|
|
596 | (1) |
|
|
|
596 | (1) |
|
|
|
597 | (1) |
|
|
|
598 | (1) |
|
The nature of the discretion |
|
|
598 | (1) |
|
Exercising discretion to return |
|
|
599 | (3) |
|
The position in other jurisdictions |
|
|
602 | (2) |
|
Ascertaining children's wishes and separate representation of children in Australia |
|
|
604 | (1) |
|
|
|
605 | (2) |
|
Chapter 26 Hague Abduction Convention: Exceptions to the Obligation to Return: The Article 20 Exception |
|
|
607 | (18) |
|
Background to the provision |
|
|
607 | (1) |
|
|
|
608 | (3) |
|
The relevance of the child's best interests |
|
|
611 | (2) |
|
|
|
613 | (1) |
|
Applying Article 20 -- the ruling in X v Latvia |
|
|
614 | (1) |
|
The application of Article 20 in the United Kingdom |
|
|
614 | (1) |
|
Non-implementation by the United Kingdom |
|
|
614 | (1) |
|
The relevance of Article 20 despite its non-incorporation |
|
|
615 | (2) |
|
The application of Article 20 in Contracting States outside the United Kingdom |
|
|
617 | (5) |
|
The discretion to order a return when Article 20 is satisfied |
|
|
622 | (1) |
|
|
|
623 | (2) |
|
|
|
625 | (34) |
|
|
|
626 | (3) |
|
|
|
629 | (1) |
|
The lexicon of enforcement |
|
|
630 | (1) |
|
|
|
630 | (1) |
|
Exequatur, declarations of enforceability and registration |
|
|
631 | (1) |
|
|
|
632 | (1) |
|
|
|
633 | (1) |
|
Enforcement and human rights |
|
|
633 | (1) |
|
|
|
634 | (1) |
|
|
|
634 | (1) |
|
The Practice Guide for the application of the revised Brussels II Regulation |
|
|
635 | (1) |
|
The Hague Conference Guide to Good Practice under the Hague Abduction Convention, Part IV -- Enforcement |
|
|
636 | (1) |
|
|
|
637 | (1) |
|
The Hague Conference Practical Handbook on the operation of the Hague Protection Convention |
|
|
637 | (1) |
|
Registration of foreign judgments relating to parental responsibility |
|
|
638 | (1) |
|
Domestic legislation relating to foreign judgments generally |
|
|
638 | (1) |
|
Domestic legislation specifically providing for the registration of foreign orders relating to children |
|
|
639 | (1) |
|
International instruments providing for the registration of foreign orders relating to children |
|
|
640 | (1) |
|
Registering orders in the United Kingdom and Dependent Territories |
|
|
640 | (1) |
|
Registering orders made within the United Kingdom and Dependent Territories |
|
|
640 | (1) |
|
Registering orders made in foreign family proceedings |
|
|
641 | (1) |
|
Orders to secure compliance |
|
|
641 | (1) |
|
Coercive orders available in England and Wales |
|
|
642 | (1) |
|
Orders relating to contempt of court |
|
|
643 | (1) |
|
|
|
643 | (1) |
|
|
|
643 | (1) |
|
|
|
644 | (1) |
|
Orders available in family proceedings |
|
|
645 | (1) |
|
Orders under the inherent jurisdiction of the High Court |
|
|
645 | (1) |
|
Orders under the Family Law Act 1986 |
|
|
645 | (1) |
|
Orders under the Children Act 1989 |
|
|
646 | (1) |
|
|
|
646 | (2) |
|
Compensation for financial loss |
|
|
648 | (1) |
|
Orders available in Australia |
|
|
649 | (1) |
|
Location and recovery orders |
|
|
650 | (1) |
|
|
|
650 | (3) |
|
|
|
653 | (1) |
|
|
|
653 | (1) |
|
|
|
654 | (1) |
|
|
|
655 | (1) |
|
|
|
655 | (1) |
|
|
|
655 | (1) |
|
Warrants under the Family Law (Child Abduction Convention) Regulations 1986 |
|
|
656 | (1) |
|
|
|
656 | (2) |
|
|
|
658 | (1) |
|
Chapter 28 The Application of the Revised Brussels II Regulation to International Child Abduction |
|
|
659 | (26) |
|
|
|
659 | (1) |
|
Background to the current provisions |
|
|
660 | (1) |
|
The basic scheme under the Regulation |
|
|
661 | (1) |
|
Applying Articles 12 and 13 of the Hague Convention in compliance with the Regulation |
|
|
661 | (1) |
|
The application of Art 11(2) -- hearing the child |
|
|
661 | (2) |
|
The application of Art 11(5) -- hearing the applicant |
|
|
663 | (1) |
|
The application of Art 11(3) -- the timing obligation |
|
|
664 | (3) |
|
The application of Art 11(4) -- determining Art 13(b) pleas made under the Hague Abduction Convention |
|
|
667 | (2) |
|
The application of Art 11(6)--(8) -- the position following a refusal to return under Art 13 of the Hague Abduction Convention |
|
|
669 | (1) |
|
|
|
669 | (3) |
|
Scrutiny of Art 11(6)--(8) by the CJEU |
|
|
672 | (3) |
|
|
|
675 | (4) |
|
|
|
679 | (1) |
|
The EU Commission's reform proposals |
|
|
680 | (5) |
|
Chapter 29 The Application of the Hague Protection Convention to International Child Abduction |
|
|
685 | (12) |
|
|
|
685 | (1) |
|
The application of the Hague Protection Convention where no other international instrument applies |
|
|
686 | (1) |
|
The inter-relationship with the Hague Abduction Convention |
|
|
687 | (1) |
|
The applicable law provisions |
|
|
687 | (2) |
|
The impact of Articles 7 and 13 of the Protection Convention |
|
|
689 | (1) |
|
The use of protective orders |
|
|
690 | (2) |
|
Invoking Central Authorities' co-operative duties |
|
|
692 | (1) |
|
The pros and cons of invoking the Protection Convention rather than the Abduction Convention |
|
|
692 | (1) |
|
The inter-relationship with the revised Brussels II Regulation |
|
|
693 | (1) |
|
The meaning of Art 61 of the Regulation |
|
|
693 | (1) |
|
The application of the applicable law provisions |
|
|
694 | (1) |
|
The possible application of Art 11 |
|
|
694 | (1) |
|
The possible application of the co-operation provisions |
|
|
695 | (1) |
|
The EU Commission's reform proposals |
|
|
695 | (2) |
|
Chapter 30 Recovering Children Brought to England and Wales from a Non-Convention Country |
|
|
697 | (18) |
|
|
|
698 | (1) |
|
Children brought to England and Wales from a non-Convention country |
|
|
698 | (1) |
|
|
|
698 | (1) |
|
Choice of domestic jurisdiction |
|
|
698 | (1) |
|
Deciding how to exercise jurisdiction |
|
|
699 | (1) |
|
|
|
700 | (1) |
|
The developing response to child abduction |
|
|
700 | (1) |
|
|
|
700 | (7) |
|
The law as settled by Re J |
|
|
707 | (3) |
|
The relevance of human rights |
|
|
710 | (1) |
|
|
|
711 | (1) |
|
|
|
712 | (1) |
|
Children brought to England and Wales from Pakistan |
|
|
712 | (3) |
|
Chapter 31 Recovering Children Taken from England and Wales to a Non-Convention Country |
|
|
715 | (8) |
|
Children taken from England and Wales to a non-Convention country |
|
|
715 | (1) |
|
Bringing proceedings in the foreign jurisdiction and taking other practical steps |
|
|
715 | (2) |
|
|
|
717 | (1) |
|
|
|
718 | (1) |
|
|
|
718 | (1) |
|
The advantage of domestic remedies |
|
|
718 | (1) |
|
|
|
719 | (2) |
|
|
|
721 | (2) |
|
Chapter 32 The Role of Children in Abduction Proceedings |
|
|
723 | (16) |
|
|
|
723 | (1) |
|
International Instruments |
|
|
724 | (1) |
|
UN Convention on the Rights of the Child |
|
|
724 | (3) |
|
The European Convention on the Exercise of Children's Rights |
|
|
727 | (1) |
|
The Charter of Fundamental Rights of the European Union |
|
|
728 | (1) |
|
The European Convention on Human Rights |
|
|
729 | (1) |
|
The Revised Brussels II Regulation |
|
|
729 | (2) |
|
Application of Art 11(2): the position in non-EU abduction cases |
|
|
731 | (1) |
|
Practice and procedure in England and Wales |
|
|
732 | (1) |
|
|
|
732 | (3) |
|
Inquiring into the child's views |
|
|
735 | (4) |
|
Chapter 33 International Abductions: Practice and Procedure in England and Wales |
|
|
739 | (56) |
|
|
|
741 | (2) |
|
Incoming abductions from a Member State of the European Union, a Hague Abduction or a Hague Protection or a European Convention country |
|
|
743 | (1) |
|
|
|
743 | (1) |
|
The Revised Brussels II Regulation |
|
|
743 | (1) |
|
The Hague Protection Convention |
|
|
744 | (1) |
|
The Hague Abduction Convention |
|
|
744 | (1) |
|
The European Custody Convention |
|
|
745 | (1) |
|
The inherent jurisdiction |
|
|
745 | (1) |
|
Applications to the International Child Abduction and Contact Unit |
|
|
745 | (2) |
|
|
|
747 | (1) |
|
|
|
748 | (1) |
|
Applying for public funding |
|
|
749 | (3) |
|
Applications to the High Court |
|
|
752 | (1) |
|
The Hague Abduction Convention |
|
|
752 | (1) |
|
The European Custody Convention |
|
|
752 | (1) |
|
The Revised Brussels II Regulation and the Hague Protection Convention |
|
|
753 | (1) |
|
|
|
753 | (1) |
|
The nature of the proceedings |
|
|
753 | (1) |
|
|
|
754 | (2) |
|
Respondents to the application |
|
|
756 | (1) |
|
The position of the child |
|
|
757 | (1) |
|
|
|
758 | (1) |
|
Other pending proceedings |
|
|
758 | (1) |
|
|
|
759 | (1) |
|
Lifting the stay after a return order |
|
|
760 | (1) |
|
|
|
760 | (1) |
|
Finding the child and securing the position -- the first without notice hearing |
|
|
761 | (1) |
|
Collection and location orders |
|
|
762 | (3) |
|
|
|
765 | (1) |
|
|
|
765 | (1) |
|
Transfer of proceedings within the United Kingdom and Dependent Territories |
|
|
766 | (1) |
|
Power to make without notice applications and orders |
|
|
766 | (2) |
|
The first on notice hearing |
|
|
768 | (1) |
|
Acting for the respondent |
|
|
768 | (1) |
|
|
|
769 | (1) |
|
Evidence -- general considerations |
|
|
770 | (1) |
|
|
|
771 | (1) |
|
Withdrawals and the power to strike out or dismiss applications |
|
|
772 | (1) |
|
|
|
772 | (1) |
|
|
|
772 | (1) |
|
|
|
773 | (1) |
|
Procedure at the final hearing |
|
|
774 | (1) |
|
|
|
775 | (2) |
|
The resolution of conflicting affidavit and other non-oral evidence |
|
|
777 | (1) |
|
Special rules of evidence under the Hague and European Conventions |
|
|
777 | (1) |
|
|
|
778 | (2) |
|
Effect of Convention orders |
|
|
780 | (1) |
|
|
|
781 | (1) |
|
Child abduction and the confidentiality of proceedings |
|
|
782 | (2) |
|
|
|
784 | (1) |
|
The return of the child: enforcement of return orders |
|
|
785 | (1) |
|
Discharge of a return order |
|
|
786 | (2) |
|
Applications for the registration or recognition of a judgment under the revised Brussels II Regulation |
|
|
788 | (1) |
|
|
|
789 | (1) |
|
Applications for recognition or registration |
|
|
790 | (5) |
|
Chapter 34 International Access |
|
|
795 | (40) |
|
|
|
796 | (1) |
|
The revised Brussels II Regulation |
|
|
797 | (1) |
|
|
|
797 | (1) |
|
The meaning of `rights of access' |
|
|
797 | (1) |
|
Recognition and enforcement of judgments concerning rights of access |
|
|
798 | (1) |
|
|
|
798 | (1) |
|
|
|
799 | (1) |
|
The procedure in England and Wales |
|
|
800 | (1) |
|
The court's powers on an enforcement application |
|
|
800 | (1) |
|
The position where access is refused |
|
|
801 | (1) |
|
The inter-relationship between the Regulation and other international instruments |
|
|
801 | (1) |
|
|
|
802 | (1) |
|
The Hague Protection Convention |
|
|
802 | (1) |
|
General application to `rights of access' |
|
|
803 | (1) |
|
|
|
804 | (1) |
|
|
|
805 | (1) |
|
|
|
806 | (1) |
|
The Hague Abduction Convention |
|
|
807 | (1) |
|
A basic objective to respect rights of access |
|
|
807 | (1) |
|
The meaning of `rights of access' |
|
|
808 | (2) |
|
The prerequisites of applying for access |
|
|
810 | (1) |
|
The Convention obligations |
|
|
811 | (1) |
|
Interpreting the provisions -- the English position |
|
|
812 | (3) |
|
|
|
815 | (3) |
|
The position in other jurisdictions |
|
|
818 | (1) |
|
Some findings of the statistical surveys |
|
|
818 | (1) |
|
|
|
819 | (1) |
|
|
|
820 | (2) |
|
The European Custody Convention |
|
|
822 | (1) |
|
|
|
822 | (1) |
|
Procedure for seeking to enforce access decisions |
|
|
822 | (1) |
|
|
|
823 | (1) |
|
Granting or refusing registration |
|
|
823 | (2) |
|
Modifying orders pursuant to Article 11(2) |
|
|
825 | (1) |
|
The powers under Article 11(3) |
|
|
826 | (1) |
|
The 2003 European Convention on Contact Concerning Children |
|
|
827 | (1) |
|
|
|
827 | (1) |
|
|
|
828 | (3) |
|
Promoting and improving trans-frontier contact |
|
|
831 | (1) |
|
|
|
831 | (1) |
|
International co-operation |
|
|
831 | (1) |
|
Recognition and enforcement of trans-frontier contact orders |
|
|
831 | (1) |
|
|
|
832 | (1) |
|
|
|
833 | (1) |
|
Relationship with other international instruments |
|
|
833 | (1) |
|
|
|
833 | (1) |
|
|
|
834 | (1) |
|
Chapter 35 International Aspects of Adoption |
|
|
835 | (38) |
|
|
|
836 | (2) |
|
The 1993 Hague Convention on Intercountry Adoption |
|
|
838 | (1) |
|
Origins of the Convention |
|
|
838 | (1) |
|
The influence of the UN Convention on the Rights of the Child |
|
|
839 | (1) |
|
Aims and objectives of the Convention |
|
|
840 | (1) |
|
Interpreting the Convention |
|
|
841 | (1) |
|
The Vienna Convention on the Law of Treaties |
|
|
841 | (1) |
|
|
|
841 | (1) |
|
|
|
842 | (1) |
|
The distinction between ratifications and accessions |
|
|
842 | (1) |
|
|
|
843 | (1) |
|
|
|
843 | (1) |
|
The general application of the 1993 Convention |
|
|
844 | (1) |
|
The Convention is not a uniform law of adoption |
|
|
844 | (1) |
|
To what and to whom the Convention applies |
|
|
844 | (2) |
|
|
|
846 | (1) |
|
Institutional structures: Central Authorities and accredited bodies etc |
|
|
846 | (1) |
|
|
|
846 | (2) |
|
|
|
848 | (2) |
|
Approved (non-accredited) persons and bodies |
|
|
850 | (1) |
|
|
|
851 | (1) |
|
Applying to adopt a child in another Contracting State |
|
|
851 | (1) |
|
|
|
852 | (1) |
|
|
|
853 | (1) |
|
General prohibition of contact during the matching stage |
|
|
854 | (1) |
|
|
|
854 | (1) |
|
Recognition and effects of a Convention adoption |
|
|
855 | (1) |
|
|
|
855 | (1) |
|
|
|
855 | (1) |
|
The effect of recognition |
|
|
856 | (1) |
|
|
|
857 | (1) |
|
Preservation of information etc |
|
|
857 | (1) |
|
Counselling and post-adoption services |
|
|
858 | (1) |
|
|
|
858 | (1) |
|
The position in the United Kingdom |
|
|
859 | (1) |
|
Implementation of the Convention |
|
|
859 | (1) |
|
Central Authorities and accredited bodies |
|
|
859 | (1) |
|
Procedural requirements in England and Wales when acting as the receiving State |
|
|
860 | (3) |
|
Procedural requirements in England and Wales when acting as the State of origin |
|
|
863 | (2) |
|
Recognition and non-recognition of orders made under the Convention |
|
|
865 | (1) |
|
Modification of an adopted child's status |
|
|
865 | (1) |
|
Effect of an adoption order made under the Convention |
|
|
866 | (1) |
|
|
|
866 | (2) |
|
Adoption orders made in other parts of the United Kingdom |
|
|
868 | (1) |
|
Domestic adoptions of foreign children |
|
|
869 | (1) |
|
Domestic adoption of foreign national children |
|
|
869 | (1) |
|
Foreign children brought to the United Kingdom for adoption |
|
|
869 | (1) |
|
Removing a child from the British Islands for adoption |
|
|
870 | (3) |
|
Chapter 36 International Aspects of Surrogacy |
|
|
873 | (24) |
|
|
|
873 | (6) |
|
Identifying the child's parents |
|
|
879 | (2) |
|
Parentage -- applicable law |
|
|
881 | (1) |
|
The position in Western Australia |
|
|
881 | (2) |
|
The position in the United Kingdom |
|
|
883 | (2) |
|
|
|
885 | (1) |
|
The position in other jurisdictions |
|
|
885 | (1) |
|
|
|
886 | (1) |
|
The position in Western Australia |
|
|
887 | (1) |
|
The position in the United Kingdom |
|
|
887 | (1) |
|
|
|
887 | (2) |
|
|
|
889 | (1) |
|
|
|
890 | (1) |
|
|
|
891 | (1) |
|
|
|
891 | (1) |
|
|
|
891 | (1) |
|
|
|
892 | (1) |
|
|
|
892 | (1) |
|
|
|
893 | (1) |
|
|
|
894 | (1) |
|
|
|
895 | (2) |
|
|
|
897 | (310) |
|
|
|
898 | (1) |
|
Child Abduction and Custody Act 1985 |
|
|
898 | (26) |
|
|
|
924 | (29) |
|
Adoption (Intercountry Aspects) Act 1999 |
|
|
953 | (2) |
|
Adoption and Children Act 2002 |
|
|
955 | (7) |
|
Family Law Act 1986 (Dependent Territories) Order 1991, SI 1991/1723 |
|
|
962 | (3) |
|
Family Procedure Rules 2010, SI 2010/2955 |
|
|
965 | (52) |
|
Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010, SI 2010/1898 |
|
|
1017 | (9) |
|
Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010, SSI 2010/213 |
|
|
1026 | (6) |
|
|
|
1032 | (1) |
|
|
|
1032 | (21) |
|
Family Law (Child Protection Convention) Regulations 2003, SR 2003/66 |
|
|
1053 | (11) |
|
Family Law Regulations 1984 |
|
|
1064 | (3) |
|
Family Law (Child Abduction Convention) Regulations 1986, SR 1986/85 |
|
|
1067 | (16) |
|
International instruments |
|
|
1083 | (1) |
|
Hague Convention on the Civil Aspects of International Child Abduction |
|
|
1083 | (11) |
|
EU Brussels II Revised 2201/2003 |
|
|
1094 | (38) |
|
Council of Europe Convention on the Recognition and Enforcement of Decisions Concerning Children and on Restoration of Custody of Children 1980 |
|
|
1132 | (11) |
|
Hague 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Means for Protection of the Child |
|
|
1143 | (16) |
|
Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1993 |
|
|
1159 | (10) |
|
Council of Europe Convention on Contact Concerning Children 2003 |
|
|
1169 | (11) |
|
United Nations Convention on the Rights of the Child 1989 |
|
|
1180 | (19) |
|
European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 |
|
|
1199 | (1) |
|
Treaty on the Functioning of the European Union |
|
|
1199 | (1) |
|
Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia providing for the Reciprocal Recognition and Enforcement of Judgements in Civil and Commercial Matters (Canberra, 23 August 1990) |
|
|
1200 | (7) |
|
|
|
1207 | (4) |
|
Appendix 3 Protocols and Guidance |
|
|
1211 | (30) |
|
Preventing and Resolving Disputes on Child Relocation |
|
|
1211 | (17) |
|
International Judicial Conference on Cross Border Family Relocation Washington, DC, United States of America |
|
|
1228 | (3) |
|
Communicating with the Home Office in Family Proceedings |
|
|
1231 | (5) |
|
President's Guidance -- Communicating with the Home Office in Family Proceedings (April 2013) |
|
|
1236 | (2) |
|
UK-Pakistan Child Abduction Protocol (January 2003) |
|
|
1238 | (3) |
| Index |
|
1241 | |
