Guide and Case Law Updates - Leave to Remove

Our first new content for 2015 and updates to earlier content have just been published. These include:

1. a new case law library, on Temporary Removal from the Jurisdiction (initially cases related to a child's temporary removal to non-Hague Convention member states);
2. a brief summary and full html and pdf versions of judgments are provided where in the public domain;
3. an update to the guide on Leave to Remove, paying reference to Mostyn J's summing up of guidance in NJ v OV [2014] EWHC 4130 (Fam);
4. the broken link to the certificate referred to in Article 41 of EC Council Regulation No. 2201/2003 has been fixed;
5. a review of our Leave to Remove Case Law Library with html and pdf versions of NJ v OV [2014] EWHC 4130 (Fam) added;
6.  a review and update to the countries that are party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Happy New Year to you all, and we'll have more content coming.

Hague Convention 1996 finally arrives...

The Hague Convention 1996 comes into force on 1/11/2012 (a bit late, but finally!).

In cases of child abduction and retention, the law reinforces the 1980 Convention concerning civil abduction of children and gives greater authority to the courts of the country of habitual residence.

The new Convention (new? it's taken the UK 8 years to sign it!) also addresses in which country cross border contact disputes should be resolved, and importantly, should make the need for mirror orders obsolete in other signatory countries.

Signatories to the 1996 Convention differ from those countries which are party to the 1980 Convention... don't panic... we're preparing a list for you... it will be on flApp within 24 hours.

The 1996 Convention does not replace the 1980 Hague Convention on the Civil Aspects of International Child Abduction. It does however resolve and strengthen matters related to jurisdiction (e.g. that the courts of the country of habitual residence for the child have primacy).

Full text of the 1996 CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND CO-OPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURES FOR THE PROTECTION OF CHILDREN is available on our family law app http://www.thecustodyminefield.com/mobile/hagueconvention96.html