Child relocation - Hague Convention

You may have seen the recent public dispute between actress, Sophie Turner and singer, Joe Jonas. 

Following their separation, the mother alleged that the father is unlawfully holding their children in the US and their habitual residence is in the UK. It’s alleged that the father is refusing to provide the children’s passports, preventing the mother returning to the UK with the children.

It’s usual for both parents with parental responsibility to agree to their child travelling abroad. If one parent travels with their child abroad without permission of the other parent, this may give rise to the term ‘abduction’.

The mother in this public case has made an application under The Hague Convention 1980. The Hague Convention purpose is to protect children of intentional abduction by a parent and encouraging the prompt return of the abducted child to their country of habitual residence.

It is the court’s discretion in the US whether the mother’s application will be successful, depending on where the court deem the children to be habitually resident.

Following separation, it would be preferable for parents to come to an amicable agreement as to what the children arrangements should be. This isn’t always possible and it may escalate to one parent making an application to Court.

Stone King LLP has a team of experienced family mediations and lawyers to assist with making an application to the Court. Please call 01225 337 599 if you require any assistance.