Q&As
In a case where a child is habitually resident in the US (a Hague Convention country), and a parent brings the child to the UK, and the other parent then issues proceedings in the US domestic courts, would an order made in the US be enforceable in this jurisdiction if the child's habitual residence has not changed from the US to the UK? No application has been made under the Hague Convention. Are there any applications that the parent in this jurisdiction could make here to ensure that they and the child are able to remain in the UK?
Published on: 04 May 2018
The courts of England and Wales do not have jurisdiction to make an order that serves to displace the right of an applicant to seek a return order under the Hague Convention of 25 October 1980 on Civil International Aspects of Child abduction (the 1980 Hague Convention). See Practice Note: Child abduction—introduction and issuing proceedings (1980 Hague Convention).
Although the USA signed the Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Co-operation in Respect
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