Is the jurisdiction of england and wales correctly applying the 1980 hague convention on the civil aspects of international child abduction?

International and Comparative Law Quarterly

Volumn 51, Issue 2, 2002, Pages 427-435

  Armstrong, Sarah ^a  

^a CARDIFF UNIVERSITY   (United Kingdom)

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EID: 84967304053     PISSN: 00205893     EISSN: 14716895     Source Type: Journal    
DOI: 10.1093/iclq/51.2.427     Document Type: Article

References (34)

1. Convention on the Civil Aspects of International Child Abduction. Concluded 25 Oct 1980.
2. The UK ratified the Convention on 1 Aug 1986 when the Child Abduction and Custody Act 1985 came into force.
3. P. Beaumont and P McEleavy, The Hague Convention on International Child Abduction (Oxford: Oxford University Press, 1999), at 261.
4. N. Lowe and G Douglas, Bromley's Family Law, 9th edn (London: Butterworths, 1998), at 510.
5. Child Abduction and Custody Act 1985 s 3 (1) (a).
6. Wall J in Re S (Child Abduction: Delay) [1998] 1 FLR 651 at 660.
7. See Child Abduction and Custody Act 1985 s 4 (a).
8. Solicitors apply for a Legal Representation Certificate from the Community Legal Service section of the Legal Services Commission. See Community Legal Service (Financial) Regulations 2000 SI 2000/516, at Reg 3 (1) (f) and Legal Services Commission's Funding Code (Part C s 20.24, 3C-280(1)).
9. Additional research to Preliminary Document No 3.
10. Family Proceedings Rules 1991, SI 1991/1247, at Reg 6.10.
11. Re C (Abduction: Grave Risk of Physical or Psychological Harm) [1999] 2 FLR 478 at 488.
12. FLR, at para 90 (emphasis added).
13. FLR, at para 92.
14. FLR.
15. FLR at para 103.
16. In a recent Australian case, a father appealed against a judicial decision to return on the grounds that the Central Authority had not sought an amicable resolution as required by statute and the Convention. (The Australian implementing Regulations make the requirement to seek voluntary resolution mandatory at Regulation 13(4)). The appeal was refused, the father having threatened to kill the mother making voluntary negotiation inappropriate. In the light of this case the obligation to seek voluntary return will become discretionary in the Regulations. See MHP v Director General Department of Community Services 2000 at .
17. Report of the Third Special Commission meeting to review the operation of the Hague Convention on the Civil Aspects of International Child Abduction (17–21 Mar 1997) at para 43.
18. Report of the Third Special Commission meeting to review the operation of the Hague Convention on the Civil Aspects of International Child Abduction.
19. See Family Law (Child Abduction Convention) Regulations 1986 at Regulation 13(4).
20. Explanatory Report at para 92 (emphasis added).
21. Additional research to Preliminary Document No 3.
22. N. Lowe and A Perry, International Child Abduction: Tthe English Experience 1 ICLQ (1999) 127.
23. Explanatory Report at para 103.
24. Conclusions and Recommendations of the Fourth Meeting of the Special Commission to Review the Operation of the Hague Convention of 25 Oct 1980 on the Civil Aspects of International Child Abduction (22–28 Mar 2001).
25. Working Document No 8. Document submitted by International Social Service. Presented at the Fourth Special Commission Mar 2001.
26. Re H and Others (Minor) (Abduction: Acquiescence) [1998] AC 72 at 88.
27. Bailey-Harris (1997) 113 LQR 529 at 532.
28. Interestingly, however, the UK did not include the preamble in its implementing legislation, the Child Abduction and Custody Act 1985.
29. See Working Document No 1 proposed by the Australian delegation. See also Information Document from Reunite International Child Abduction Centre. Both presented at the Fourth Special Commission March 2001.
30. Henry Setright, Mediation and the Hague Convention: The Reunite/Nuffield Foundation Proposal Presented at the NCMEC Washington Conference, 1–2 Nov 2000.
31. Mediation and the Hague Convention: The Reunite/Nuffield Foundation Proposal.
32. See A Hutchinson and D Carter, Child Abduction Mediation Pilot Project [2001] IFL 151
33. Beaumont and McEleavy, at 246.
34. See comments of Singer J in Re M and J (abduction) (international judicial collaboration) [1999] 3 FCR 721 at 732.