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Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Published on: 03 August 2021
Published by: LexisPSL
  • Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Family analysis: In Re D (a child) (care proceedings: 1996 Hague Convention: Article 9 request), the court was concerned with an application on behalf of a child to use Article 9 of the 1996 Hague Convention to request a transfer of jurisdiction from another contracting state (Switzerland) to the jurisdiction of England and Wales. Richard Harrison QC and Jennifer Perrins, barristers at 1 King’s Bench Walk, consider the decision in what is a rare example of an application to use the transfer mechanism in Articles 8 and 9 of the 1996 Hague Convention in the context of English public law proceedings, and what may be the first such case post-Brexit. or take a trial to read the full analysis.

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