High Court of Justice (England and Wales), Family Division

High Court of Justice (England and Wales), Family Division

United Kingdom - England and Wales

30 April 2014

RE P (Recognition and Registration of Orders under the 1996 Hague Child Protection Convention)

[2014] EWHC 2845 (Fam)

First instance

• Article 26
• Article 23(1)

• Article 24
• Article 25
• Article 27
• Article 28
• Article 23(2)

Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010, Family Procedure Rules 2010, Part 31 and Practice Direction 31A

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The case concerned an application for the registration for enforcement in England and Wales of an Australian consent order relating to a child’s relocation and post-relocation contact arrangements. The application was brought under the 1996 Hague Convention. The court considered the operation of Chapter IV of the Convention and the procedure governing recognition and registration in England and Wales. The judgment contains detailed guidance on the interaction between the Convention, domestic procedural rules and the requirement that registration procedures under the Convention be “simple and rapid”.

The court ordered registration of the Australian order for enforcement purposes under the 1996 Hague Convention. The application was unopposed and the court dispensed with certain documentary requirements, holding that the Convention’s implementation should facilitate a simple and rapid registration procedure.

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