25 November 2013
Family Law Solicitor discusses the first Hague Convention Child Abduction case
Family Law Solicitor Cara Nuttall discusses reports published today that the first parental child abduction case between England and Russia using the new Hague Convention has ended with a “landmark” success in the Russian courts, for the UK-resident Mother.....
The case will mark welcome news to international families with Russian links, and to Child Abduction practitioners.
Russia has, for many years, been a country where it is considered extremely difficult to successfully secure the return of abducted children from. It is hoped that this case marks a change, and a step to better co-operation between the countries in looking at the arrangements for children caught up in cross-border, international custody disputes between their parents.
There has for many years been an international treaty in place between many countries in respect of abducted children, which aims to secure their return to their usual home when they have wrongfully been taken or retained abroad. This treaty was then strengthened with a second, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children 1996 – which the UK acceded to last year, and it was this provision that is reported as having been successfully employed in this recent case.
This welcome step forward comes only a short time after Japan also made positive steps towards co-operation on abduction cases, and if such progress continues, this will be an important strengthening of worldwide provisions on child abduction.
Christmas holidays mark a time of heightened risk for child abduction, with international families arranging cross-border travel for the festive period. There are numerous measures which can be employed to minimise the risk that they are not returned, and anyone who has concerns that an abduction could take place is always advised to seek specialist legal advice well in advance of any such trip.
By Family Law Solicitor Cara Nuttall.
For more information about Child Abduction, please email one of our Family Law Solicitors at email@example.com or call us on 0800 916 9055.