The areas of work in which we have particular expertise, experience and excellence.
The areas of work in which we have particular expertise, experience and excellence.
The family law team at Deka Chambers hosts a number of specialists in international family law. Our barristers have experience in all aspects of cross-border children cases including: dealing with issues of jurisdiction (in both public and private law proceedings); recognition and enforcement of foreign orders; abduction (1980 Hague Applications); female genital mutilation and forced marriage; international adoption; international relocation and issues relating to the 1996 Hague Convention.
In addition, our expert barristers are well placed to advise prospectively on making applications relating to the international movement and protection of children. Our barristers are instructed by private parties; CAFCASS; central government departments (particularly the Foreign, Commonwealth and Development Office); local authorities and the Official Solicitor. International children cases are often complex and technical. Our barristers are well placed to deal with the demands of an international practice and frequently appear in leading cases in this discipline.
Recent cases have included:
London Borough of Hackney v P & Ors (Re Jurisdiction: 1996 Hague Child Protection Convention) [2023] EWCA Civ 1213: the lead authority on the date on which habitual residence falls to be determined and the first Court of Appeal authority on the existence of a common law jurisdiction based on presence alone.
G, Re (Disclosure of Fact-Finding Judgment to Secretary of State for the Home Department) [2023] EWHC 450 (Fam): the lead authority determining the ambit of disclosure obligations to the Secretary of State within confidential family proceedings concerning summary return under the inherent jurisdiction where there are parallel asylum proceedings.
A v B [2022] EWHC 2962: the lead authority on international Hague Convention adoptions; setting out guidance on the steps required of a local authority.
AB v BB [2022] EWHC 1965: an important restatement of principles relating to 1980 Hague Convention defences; including the doctrine of repudiation.
A v. HA; EN and LA [2022] EWHC 1030: authority on the extent of the High Court’s parens patriae jurisdiction exercised over British nationals resident in a European Country in circumstances where their placement there was not satisfied by mirror orders.
Re O (A Child: The Vienna Convention on Consular Relations 1963) [2021] EWHC 908 (Fam): the lead authority on the extent of reporting obligations of local authorities to foreign consular officials in circumstances where a child is subject to care proceedings.
