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Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales

Author

Listed:
  • Rob George

    (Faculty of Laws, University College London, London WC1E 6BT, UK
    Harcourt Chambers, London EC4Y 9DB, UK)

  • James Netto

    (The International Family Law Group, London EC2V 6AA, UK)

Abstract

The courts of England and Wales permit applicants in 1980 Hague Convention child abduction proceedings also to bring concurrent applications for the return of the child to their state of habitual residence based on a summary welfare assessment, which can be issued and heard alongside the Hague application. Given the different nature of these two applications, having them heard concurrently raises a number of challenges for the parties in terms of the evidence required and for the court in terms of the analytical process being undertaken. This article explores the nature of the two applications, the reasons why they might be brought concurrently, and the challenges that can arise in such cases.

Suggested Citation

  • Rob George & James Netto, 2023. "Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales," Laws, MDPI, vol. 12(4), pages 1-14, August.
    • Handle: RePEc:gam:jlawss:v:12:y:2023:i:4:p:70-:d:1211912
    as

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