Child abduction—procedure and evidence (Hague Convention)
Child abduction—procedure and evidence (Hague Convention)

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Child abduction—procedure and evidence (Hague Convention)
  • Evidence
  • Standard of proof
  • Directions
  • Without notice applications
  • International judicial liaison
  • Final hearing
  • Withdrawal of application
  • Strike out or summary dismissal
  • Orders
  • more

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 procedure and evidence under the Hague Convention on Civil International Aspects of Child Abduction 1980 (the 1980 Hague Convention).

This Practice Note sets out the evidential requirements for an application under the 1980 Hague Convention, together with the directions that may be made by the court and practice and procedure when making a without notice application or an application on notice. It also details requirements as to the withdrawal of an application, strike out or summary dismissal, variation and setting aside. See also Practice Note: Child abduction—introduction and issuing proceedings (Hague Convention).

Note that the President of the Family Division has set out detailed and extensive guidance on, in particular, case management and associated matters such as witness evidence and bundles that applies to international child abduction proceedings. The guidance should be followed in addition to the relevant provisions of the Family Procedure Rules 2010 (FPR 2010) as to procedure. The guidance also provides details of the child abduction mediation scheme, which commenced in April 2018. See News Analysis: Practice guidance issued