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22 July 2022 / Mani Singh Basi
Issue: 7988 / Categories: Features , Family
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Holiday abductions: far from home

88158
How should a left behind parent proceed when their child is wrongfully retained abroad? Mani Singh Basi reports
  • Wrongful retention of children under the 1980 Hague Convention: the options available to the parent left behind.
  • The inherent jurisdiction of the courts of England & Wales when a child is retained in a country which is not a signatory to the Hague Convention.

In the field of family law, there are unfortunately circumstances when a parent either takes a child from or does not return a child to their home country. Taking an example, a child’s mother and father may have an informal arrangement for contact. It may have been envisaged that one of the parents would take the child for a holiday from England to another country for three weeks during the summer holidays and this pattern may have occurred in the past, on each occasion the travelling parent returning with the child. On the next occasion, the travelling parent may not return with the child and may indicate

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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