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Legal perspective: Remedying international child abduction - the impact of international developments upon the English legal approach

In: Research Handbook on International Child Abduction

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  • Henry Setright KC
  • Michael Gration KC

Abstract

Legal practice in cases of international child abduction generally, but specifically in cases brought under the 1980 Hague Convention, has developed significantly over the life of the Convention, to the point where the way in which cases are determined in 2022 would be unrecognisable to an abduction specialist practising in England and Wales between 1985 and 2010. A significant driving force in the development of the 1980 Hague Convention has been the intervention of the European Court of Human Rights and the CJEU, particularly in relation to the determination of a child’s habitual residence, Article 13(1)(b) and the role that children play in abduction proceedings. Those developments have significantly complicated abduction cases from a practitioner’s perspective. This chapter examines those three areas, in order to chart the developments in practice in relation to them.

Suggested Citation

  • Henry Setright KC & Michael Gration KC, 2023. "Legal perspective: Remedying international child abduction - the impact of international developments upon the English legal approach," Chapters, in: Marilyn Freeman & Nicola Taylor (ed.), Research Handbook on International Child Abduction, chapter 21, pages 313-330, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20040_21
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