The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—children proceedings. This Practice Note sets out the current position on child abduction under the 1996 Hague Convention.
The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) came into force in England and Wales on 1 November 2012. Generally, in child abduction cases, the 1996 Hague Convention will apply in matters that are outside of the scope of Brussels II bis. The objectives of the 1996 Hague Convention are to:
determine which state has jurisdiction
determine which law is to be applied
determine who has parental responsibility
make provision for the recognition and enforcement of decisions, and
establish further judicial co-operation
Many of the provisions of the 1996 Hague Convention were mirrored in Brussels II and subsequently Brussels II bis (Council Regulation (EC) No 2201/2003). Brussels II bis, art 61 provides that:
Brussels II bis will apply where the child is habitually resident in an EU Member State, or
where the proceedings relate to the recognition or enforcement of a Member State judgment regardless
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. 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.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234