More and more public law cases involve either a conflict of jurisdiction, transfers of jurisdiction, the need to secure evidence from overseas or issues over either the placement of a child overseas or the receiving in a child from overseas. These questions arise in courts at every level and are often complex.
As ‘Brexit’ is implemented, it seems likely that the 1996 Hague Convention on parental responsibility and the protection of children will become the primary framework in many cases. Often it is also necessary to anticipate whether ancillary relief will be required in wardship or under the inherent jurisdiction.
Our barristers are used to dealing with these issues, both the practical case management issues they routine generate, and the points of principle that arise in the higher courts.