Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales

Rob George () and James Netto ()
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Rob George: Faculty of Laws, University College London, London WC1E 6BT, UK
James Netto: The International Family Law Group, London EC2V 6AA, UK

Laws, 2023, vol. 12, issue 4, 1-14

Abstract: 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.

Keywords: abduction; 1980 Hague Convention; non-Convention abduction cases; court procedure; concurrent applications (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2023
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