Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Family analysis: Michael Gration, barrister, of 4PB, examines the Supreme Court’s decision in Re C (children: anticipatory retention)  UKSC 8 that the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the 1980 Hague Convention) cannot be invoked if, by the time of the alleged wrongful removal or retention, the child has become habitually resident in the requested state, and its decision that there can be wrongful retention before the expiry of the period of absence agreed by the parents.
What are the practical implications of the decision?
Following this judgment, it is now clearly established that:
Accordingly, parents, and lawyers advising parents, must be aware that if they agree to a child moving abroad, even if only for a defined period or for a particular purpose (for example while a mother is on maternity leave, or while one of the parents works on a fixed-term contract—though there are innumerable other examples) the child’s habitual residence may change.
In accordance with the decision in this case (though it only follows what has been the clearly established practice for the life of the 1980 Hague Convention), once a child’s habitual residence has changed, the left-behind parent will no longer be able to pursue the summary return of that child pursuant to the 1980 Hague Convention. As such, it will be of fundamental importance to consider:
The 1980 Hague Convention is now supported by two other international instruments that are of fundamental importance—Council Regulation (EC) 2201/2003 (Brussels
Free trials are only available to individuals based in the UK
* denotes a required field
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial. See our full terms here.
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234