Partner David Hodson OBE MCIArb, summarises the law from January 2021 when EU laws will no longer apply in new cases. Second in his series of 3 articles on family law and EU exit.

Although the concept of habitual residence plays a crucial role worldwide in determining a family court’s jurisdiction regarding children, it is not defined in statutes, international conventions, or treaties in which it features. 

As a consequence, the meaning of the concept and the manner in which a child becomes habitually resident in particular country has been the subject of extensive judicial consideration, here and abroad.

From 1^st June 2020, lockdown in England has considerably eased, with many children returning to schools and families and friends being given the green light to meet in groups of up to six, so long as observing social distancing rules when outside.

In short, the case concerns three children but the judgement largely deals with the eldest child, B, a 14-year-old boy who was wrongly removed and retained by the mother in Sierra Leone. The younger two children remain in England with the mother. The father applied in wardship for a summary inward return order for B. Ten months ago, the mother took B to Sierra Leone and left him there with her mother (who is highlighted in the case, to be a police officer in Sierra Leone).

Recorded by Partners David Hodson OBE MCIArb and Stuart Clark.

While these current times are certainly difficult, it is truly wonderful that we have been able to come together with Nicholes Family Lawyers and create this Podcast as an informative and valuable tool for those most at risk and vulnerable in our international community due to COVID-19. 

Contact issues between parents must be considered on two fronts.

How are foreign orders relating to children dealt with by the Family Court of England & Wales?

This question will be particularly relevant for international families who have moved, or who are contemplating a move, to this country and who have been engaged in children proceedings in their country of origin or another country. The answer will depend on what international arrangement exist between the UK and the country where the order was made.

In Re N (A child) [2020] EWFC 35 the High Court was asked to consider whether judicial delays abroad caused by COVID-19 was a reason to depart from the general practice recommended in the decision in Re S (A Child) (Abduction: Hague Convention) [2018] 4 WLR 108, namely that the court should defer making its own return order until an application under the 1980 Hague Convention has been determined in the other member state.

This article by Managing Partner Ann Thomas and Paralegal Annie Boxer considers the reported decision on the suitability and appropriateness of remote contested final hearings during the current COVID-19 pandemic.