Podcast Location:
Download it here [file size: 25.9 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

"This podcast aims to provide the listener with some practical guidance on the common issues that arise in child abduction cases. It will address many of the key considerations professional advisors should bear in mind when acting in this difficult area of law. Special attention will be given on the various self-help remedies available to prevent abduction and paths to resolving the dispute amicably.

It will also address some of the difficulties resulting from the differing approaches adopted across Hague Convention states. The podcast will consider issues of procedure and the orders which a court can make with respect to a child that has been or may be abducted. "

Outcomes:
After completing the course you will:
  • Understand the jurisdictional basis for this area of law;
  • Be aware of the key questions to consider before accepting instructions in an abduction case;
  • Know what practical steps and self-help remedies are available to prevent abduction;
  • Know what remedies the court may award to prevent abduction;
  • Be aware of the role of the Central Authority in different Hague states;
  • Know the role of the Tipstaff and how he can assist in child abduction cases;
  • Know the procedure and remedies available in tracing a child that has been taken abroad or who has disappeared within the UK;
  • Be aware of the steps that can be taken by a parent 'left behind';
  • Be aware of the circumstances in which an expert on foreign law will be appropriate and where one can be sourced;
  • Be aware of the approach taken to the view of the abducted child as to which jurisdiction they remain;
  • Know what steps may be taken against a returning abductor to this jurisdiction.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legislative Updates
Practical Guide
Sources and References:
  • "Child Abduction and Custody Act 1985 ss 5, 9,;
  • Family Law Act 1986 ss 33;
  • Hague Convention on Civil Aspects of International Child Abduction 1980 Art 15,;
  • Brussels II Revised (EC2201/2203) Art 11, 13, 20;
  • Family Proceedings Rules 1991 rules 5-7 PD 20.7.95;
  • Anglo Pakistan Protocol - January 2003 (Red Book p.2647);
  • Clarke, Hall and Morrison on Children (Butterworths);
  • Re A [2006] EWHC 3397;
  • Re A [2008] 1 FLR 289;
  • Re H [200] 1FLR 766;
  • A v B [2009] 1 FLR 1253;
  • Re D [2007] 1 FLR;
  • Re C [2008] 2 FLR 6;
  • Re M [2008] 1FLR 251;
  • P-J [2009] EWCA 588;
  • Case C 523/07".

In this podcast, specialist family law and child abduction barrister Clare Renton discusses a number of practical issues relating to the conduct of child abduction proceedings under Brussels II Revised and the Hague Convention.

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