International parental child abduction is the wrongful removal or retention of a child across borders, without the consent of those with parental responsibility or court permission. It is generally contrary to the welfare of a child to be uprooted in such a manner, and thus in the child’s best interests to be returned to the country of his or her habitual residence so that issues relating to custody or access can be resolved there.
Notwithstanding the UK’s exit from the EU and the end of an era for the Council Regulation (EC) No 2201/2003 of 27 November 2003 (‘Brussels IIa’), in this jurisdiction, the UK remains a part of an international framework of treaty obligations independent of EU Laws. Pursuant to the Child Abduction and Custody Act 1985, the 1980 Hague Convention on the Civil Aspects of International Child Abduction remains the legal framework for addressing child abduction in England and Wales.
A Practical Guide to International Child Abduction – England and Wales provides a grounding on the law and practice in return proceedings, as well as the interaction with Member States of the European Union, common law Hague jurisdictions and non-Hague countries. It will guide readers through key topics such as jurisdiction, procedure, invoking an exception to return, the approach to salient issues such as hearing the voice of the child and protective measures, mediation, and other remedies available under the 1980 Hague convention.
