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?

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Produced in partnership with Ruth Cabeza of Harcourt Chambers
Published on: 04 May 2018
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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

Ruth Cabeza
Ruth Cabeza chambers

I am a self employed barrister specialising in family practicing from Field Court Chambers London, where I have been a tenant since 2001. My practice has always included matrimonial finance, public law children and adoption and private law children. Presently the majority of my instructions in all areas of my practice involve an international element. I also act in cases where a child has suffered very serious injuries. In the last few years I have been pleased to develop an appellate practice and have acted in several appeal cases where I have not been instructed at first instance, including a complex second appeal to the Court of Appeal in 2015. I have been instructed as an expert on the application of international adoption law in public law children cases. I am an experienced speaker at lectures and conferences on child law matters, particularly international adoption and international surrogacy law, which are areas that I have particular expertise in. I regularly contribute articles to key legal journals on topical legal issues.

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Jurisdiction(s):
United Kingdom
Key definition:
Habitual residence definition
What does Habitual residence mean?

The mere presence in this jurisdiction coupled with an intent to permanently relocate here.

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