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Showing posts with the label United Kingdom

Case Update (2020): Trott v. Trott; Hague Abduction Convention, comity to a Hague order from foreign jurisdiction

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In the case of Trott v. Trott, the Eastern District of New York granted a father's petition to have his two daughters returned to Bermuda. The parties are parents to two daughters.  Their eldest child is not the father's biological daughter, but was raised as his daughter.  The youngest is his biological daughter.  The children had lived in Bermuda since they were young, but, moved to New York with their mother, without objection by their father (despite a Bermudian ne exeat order being in place) in 2013.  During a visit to Bermuda in 2018, the children alerted their father to what amounted to abuse and neglect by their mother. The father refused to return the girls to New York, and their mother pursued a Hague Abduction return petition in the Berumdian courts.  The trial court examined whether it would be a grave risk of harm to return the children, ultimately concluded it would not, and asked the parties to identify protective measures available in New York ...

UK Update: Family Courts and Child Abduction in the Time of Corona (GUEST BLOGGER)

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From Guest Blogger, James Netto of Dawson Cornwell  in London Abduction in times of corona Much to the ire of certain abducting parents, it is still business (almost) as usual for the High Court of Justice in London. Although the UK is on lockdown preventing people from leaving home bar in very specific circumstances, our courts have been obliged to adapt exceptionally rapidly. Family lawyers are in totally new territory: for a steadfastly cautious profession known more for its wigs and gowns rather for than for its working of Google Hangouts, the last month has been a very, very steep learning curve. With detailed and radical guidance emanating from our highest judges and professional organisations effectively overnight, the profession is gradually getting used to hearings occurring remotely – either by telephone, or by webcam. So how is it going so far? Although it has not been without some bumps in the road, the higher courts are functioning with relative ease. Judge...