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Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales

George, Robert; Netto, James; (2023) Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales. Laws , 12 (4) , Article 70. 10.3390/laws12040070. Green open access

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Abstract

The courts of England and Wales permit applicants in 1980 Hague Convention child abduction proceedings also to bring concurrent applications for the return of the child to their state of habitual residence based on a summary welfare assessment, which can be issued and heard alongside the Hague application. Given the different nature of these two applications, having them heard concurrently raises a number of challenges for the parties in terms of the evidence required and for the court in terms of the analytical process being undertaken. This article explores the nature of the two applications, the reasons why they might be brought concurrently, and the challenges that can arise in such cases.

Type: Article
Title: Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales
Open access status: An open access version is available from UCL Discovery
DOI: 10.3390/laws12040070
Publisher version: https://doi.org/10.3390/laws12040070
Language: English
Additional information: © 2023 by the authors. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).
Keywords: abduction; 1980 Hague Convention; non-Convention abduction cases; court procedure; concurrent applications
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10174571
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