Re D (Care Proceedings: 1996 Hague Convention: Article 9 Request)

[2021] EWHC 1970 (Fam)



Henry Setright KC
Chris Barnes


High Court

Practice Areas

Public Children Law

Henry Setright QC and Chris Barnes acted for the local authority in proceedings before Mrs Justice Knowles concerning an application under the 1996 Hague Convention in respect of a child in Switzerland.

The decision is one of the first reported cases to consider the 1996 Convention in the context of public law proceedings, and, as the judgment notes, concerns provisions which will take on a greater degree of prominence since the UK’s exit from the transitional arrangements with the EU.

The judgment provides helpful guidance on the operation of the 1996 Convention, and the relevant domestic procedures for the making, and withdrawal, of transfer requests.

To read the full judgment click here.