Child Abduction Concerns

The 1980 Hague Convention was implemented to try to ensure the swift return of children who had been abducted to a foreign country by a parent. However, research now suggests that the Hague Convention needs to be implemented faster with the study suggesting that the proportion of returns under the Convention fell between 2003 and 2008 and that cases took longer.
The study was conducted by Professor Nigel Lowe at Cardiff University who says that the study sends “warning signs” to the public and legal field about the Treaty’s overall performance.
This study compared figures from 2008 with those from 2003 and found that there was a 45% increase in the number of applications to get children back and that the proportion of returns had declined. This is of obvious concern to those seeking to invoke this Convention.
Another concern is the time that Hague Convention cases are taking to be decided. A judgment on whether a child should be returned to the place where they usually live should be made within 6 weeks of court proceedings being commenced. The study suggests that the time taken to make these decisions is taking longer.
One of the criticisms of the Hague Convention is that its success depends on the member countries involved upholding the rules and dealing with matters swiftly.
It is easy to believe from a study such as this that the Hague Convention is not as helpful for parents who are in this situation as it should be. However, family solicitors see the merit in this Convention and unfortunately, as the courts get busier with applications such as these and general family law applications; the time for decisions to be made will inevitably be affected on occasions. However, the Hague Convention can prove an extremely useful tool in order to obtain the return of a child who has been abducted to another country by a parent. James Maguire & Co Ltd are specialists in applications of this nature.
James Maguire & Co is a specialist firm of Family Law and Divorce Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this (including pensions), linked business issues, international aspects and any relevant issues concerning the children. We also offer legal advice in relation to matters covered in this blog and general Children Law advice.
We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales. For advice please contact James Maguire by telephone +44 (0) 1625 529456 or by email james.maguire@family-law.