International Child Protection

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.

Featured cases:

• Manchester City Council v Maryan Yusef & Ors [2023] EWHC 2792 (Fam)
• Fahad Abdi v Manchester City Council & Ors [2023] EWCA Civ 1214
• Article 39 v Secretary of State for the Home Department [2023] EWHC 1398 (Fam)
• Coventry City Council v The Mother (BB) & Ors. [2023] EWHC 1284 (Fam)
• AA v BB & Ors [2022] EWHC 2322 (Fam)
• Re N (Children) [2016] UKSC 16 (John Vater KC, Edward Devereux KC, Mehvish Chaudhry and Rob George)
• Re M (Wardship) [2016] 1 FLR 1055 (John Vater KC)
• Re S & T (International Adoption: USA) [2015] EWHC 1753 (Fam) (John Vater KC, Damian Garrido KC and Edward Kirkwood)
• LBC v S (2017) (Andrew Leong)
• Child & Family Agency v M & Others [2019] Fam 199 – Article 15 (Brussels II Revised) transfer into the jurisdiction of care proceedings that were started in Ireland (Aidan Vine KC and Annie Sayers)
• Re A & B (Children: Brussels II Revised: Article 15) [2014] EWFC 40 – Article 15 (Brussels II Revised) (Aidan Vine KC)
• Coventry City Council v A [2014] EWHC 2033 (Fam) – Article 15 (Brussels II Revised) (Aidan Vine KC)