Newsletter January 2024
Careful child relocation
How to serve the best interest of the child during relocation and divorce.
Reliable information
about child relocation and child abduction
& the names of the experts.
In this newsletter we list the latest articles, social media posts and other news about child relocation and child abduction from November and December 2023.
Our blogs in November & December:
What is the law with parental child abduction in the UK?
By Kim Lehal, RWK Goodman in the UK
Kim explains the different types of child abduction and how the UK court will deal with them.
She also explains about important orders, terms and phrases within parental child abduction law, such as 'Tipstaff orders' and 'wardship'.
International child abduction case leads to indirect recognition of LGBTQ+ families in Greece (?)
By Elias Yiannatsis, Greece
Since in Greece the non-biological mother is not recognised as a parent and does not have custody, this could mean that the Hague Convention on Child Abduction would not be applicable.
Elias explains that the Court of Appeal and the Supreme Court in Greece ruled otherwise.
International child abduction and The Hague Conference
By Kim Lehal, RWK Goodman, UK
What can you do if your child has been taken to the UK, without your consent?
Kim explains the role of the Central Authority, the possibility to get free legal aid, the court procedure in the UK and what proof needs to be delivered in order to obtain a return order from the court.
ASIME Congress November 2023
By Sacha Lee, Dawson Cornwell, UK
Sacha discusses the child abduction congress in Malaga, organized by ASIME.
It was a well-attended and interesting congress, with lawyers from many countries. Sacha talks about what was discussed during the presentations and workshops.
Highlights from our website:
The Hague Convention on Child Abduction
You can read all about the Hague Convention on our website.
You can also read about the Hague Convention on Child Protection and the EU regulation that addresses international child abduction.
What we read on LinkedIn:
HCCH
Conclusions and Recommendations:
The Conclusions and Recommendations of the Eighth Meeting of the Special Commission (SC) on the Practical Operation of the 1980 Child Abduction and 1996 Child Protection Conventions.
Family Law Matters Scotland LLP
Morven Douglas considers the recent case of M v A [2023] CSOH 80 in which a father's action to relocate his children from Glasgow to Aberdeen was refused on the basis that Lord Stuart saw little to no benefit to the children concerned in making a relocation order.
Janaina Albuquerque Azevedo Gomes
About the first decision of the Inter-American Court on international child abduction. Concerning an illicit transfer between Argentina and Paraguay.
领英推荐
Carmen Varela Alvarez
About an agreement between parents about the habitual residence of a child, which was made 5 years ago, years before the child relocated.
The Malaga 2023 Congress on Child Abduction
We had a very interesting time in Malaga, thank to ASIME, and we would love to see more family lawyers gather next time.
Summery by Adriana de Ruiter, ASIME
The International Congress on Child Abduction, hosted by the Bar of Lawyers of Malaga and orchestrated by the Association for International Mediation and Arbitration (ASIME), marked a pivotal moment in the collective fight against international child abduction. Assembled in Malaga on November 23 and 24, 2023, the congress convened a diverse assembly of 100 professionals from 20 countries across four continents, encompassing judges, lawyers, mediators, and representatives from esteemed global organizations.
This congress focused on core objectives outlined in the October 2023 Conclusions of the Eighth Special Commission of the Hague Conference. These objectives encompassed an extensive review of the 1980 Child Abduction Convention.
Emphasizing the paramountcy of the child's best interests in alignment with UNCRC, it advocated for protective measures and endorsed legal aid and direct judicial communications. The congress laid emphasis on collaborative initiatives and the continued vitality of the Convention in an ever-evolving global landscape.
Crucial Points Emphasized
A notable highlight was the focus on efficient handling of return applications. The role of the International Hague Network of Judges (IHNJ) was underscored for efficient provision of foreign law information.
The event initiated comprehensive work on Model Forms, Country Profiles, and mediation promotion, reinforcing child protection measures under both Conventions. Regarding the 1996 Child Protection Convention, the measures of protection were highlighted to obtain the safe return under the 1980 Convention.
Global Collaboration
Beyond academic discourse, the Congress aimed to foster a global alliance among international professionals, enabling knowledge exchange and developing viable strategies to combat child abduction. A diverse assembly enriched discussions with varied perspectives from legal, psychological, and law enforcement domains.
With representation from 20 countries across 4 continents, it became a comprehensive platform to address the complexities of cross-border child abduction. The speakers shared insights on legal intricacies and mediation best practices.
Impact and Future Prospects
ASIME's International Congress on Child Abduction has continued the global conversation among legal operators implied with child abduction, propelling us towards enhanced legal frameworks, collaborative mechanisms, and child-centric approaches for efficient resolutions.
The conclusions, derived from rigorous discussions, pave the path for more effective resolutions in addressing child abduction, symbolizing a shared dedication to safeguarding the welfare of children worldwide. The conclusions will be published in an e-book.
Let’s meet again in the future!
Adriana de Ruiter, ASIME
Books & Articles
The latest books and articles on child abduction and child relocation.
Mani Singh Basi, barrister at 4PB, UK
Exercising the inheritant jurisdiction in family law proceedings
The book deals with a number of topics relating to the use of the inherent jurisdiction in international child abduction disputes, public law disputes (including deprivation of liberty), private law disputes and urgent medical treatment cases.
In relation to child abduction, this book considers inward and outward abduction cases in relation to 1980 Hague Convention signatories and non-hague states.
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