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- subject_t:"Hague Child Protection Convention" OR subject_t:"Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children" OR subject_t:"Hague Convention" OR subject_t:"Hague Convention on Parental Responsibility and Protection of Children" OR subject_ses:467983
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To ask the Secretary of State for Justice, what protection UK victims of coercive control have under the Hague Convention when subject to proceedings of that convention.
To ask the Secretary of State for Justice, what protection UK victims of coercive control have under the Hague Convention when subject to proceedings of that convention.
The government has assumed this question relates to the 1980 Hague Child Abduction Convention.
In 1980 Hague Convention proceedings for the return of a child to their country of habitual residence, the child is the subject of the proceedings. It is open to the taking parent, as a party in the case opposing the return, to bring evidence before the court that there is a grave risk that the return of the child would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
It is for the independent court to decide on the basis of the evidence of grave risk, including where that evidence arises from alleged domestic abuse by the left behind parent against the taking parent, whether what is alleged gives rise to a grave risk to the child, such that the child should not be returned. The 1980 Hague Convention does not make provision for decisions about adults.
The Private International Law (Implementation of Agreements) Bill 2019-21 was introduced in the House of Lords in February 2020. It would implement arrangements for cross-border legal disputes after the end of the transition period, when EU based arrangements cease to have effect in the UK. The House of Commons will consider amendments made by the House of Lords on 24 November.
The Private International Law (Implementation of Agreements) Bill 2019-21 was introduced in the House of Lords in February 2020. It would implement arrangements for cross-border legal disputes after the end of the transition period, when EU based arrangements cease to have effect in the UK. The House of Commons will...
Lords consideration of Commons amendments. Amendments 1A and 1B to Commons amendment 1 were agreed to, and Commons Amendment 1, as amended, was agreed to. Commons amendments 2 and 3 were agreed to. Amendments 4A to 4E to Commons amendment 4 were agreed to and Commons amendment 4, as amended, was agreed to. Commons amendment 5 was agreed to.
Lords consideration of Commons amendments. Amendments 1A and 1B to Commons amendment 1 were agreed to, and Commons Amendment 1, as amended, was agreed to. Commons amendments 2 and 3 were agreed to. Amendments 4A to 4E to Commons amendment 4 were agreed to and Commons amendment 4, as amended,...
My Lords, I echo the words of the noble and learned Lord, Lord Falconer, and the noble Lord, Lord Marks, in welcoming the Advocate-General for Scotland, the noble and learned Lord, Lord Stewart, to his post. I thank him and the Minister in the Commons, Alex Chalk, and their officials...
My Lords, I echo the words of the noble and learned Lord, Lord Falconer, and the noble Lord, Lord Marks, in welcoming the Advocate-General for Scotland, the noble and learned Lord, Lord Stewart, to his post. I thank him and the Minister in the Commons, Alex Chalk, and their officials...
My Lords, I am grateful to be able to participate in this debate. I join other noble Lords in welcoming the noble and learned Lord, Lord Stewart. I am grateful for the time he spent with me and the Commons Minister Alex Chalk MP discussing what I am about to...
My Lords, I am grateful to be able to participate in this debate. I join other noble Lords in welcoming the noble and learned Lord, Lord Stewart. I am grateful for the time he spent with me and the Commons Minister Alex Chalk MP discussing what I am about to...
My Lords, I declare an interest as a practitioner in the field of private international law and as joint chair of the Lord Chancellor’s advisory committee on private international law, to which reference has been made. I do not, of course, speak in that capacity and, as I mentioned on...
My Lords, I declare an interest as a practitioner in the field of private international law and as joint chair of the Lord Chancellor’s advisory committee on private international law, to which reference has been made. I do not, of course, speak in that capacity and, as I mentioned on...
My Lords, it is indeed a privilege to follow the magisterial and extensive exposition of the noble and learned Lord, Lord Mance, whose depth of experience and knowledge I defer to. He referred to the Bill as an intruder, which was an interesting description.
The Second Reading took place on 17...
My Lords, it is indeed a privilege to follow the magisterial and extensive exposition of the noble and learned Lord, Lord Mance, whose depth of experience and knowledge I defer to. He referred to the Bill as an intruder, which was an interesting description.
The Second Reading took place on 17...
My Lords, I begin by thanking noble Lords for their thoughtful and erudite contributions. I thank them also for their courteous and warm words of welcome to me at the Dispatch Box. I echo the words of the noble and learned Lord, Lord Falconer of Thoroton, in a phrase that...
My Lords, I begin by thanking noble Lords for their thoughtful and erudite contributions. I thank them also for their courteous and warm words of welcome to me at the Dispatch Box. I echo the words of the noble and learned Lord, Lord Falconer of Thoroton, in a phrase that...
May I express the gratitude of the whole House for the care with which the noble and learned Lord, Lord Stewart of Dirleton, dealt with every single issue that was raised? That I disagree with some of the answers is not the same as saying that he did not deal...
May I express the gratitude of the whole House for the care with which the noble and learned Lord, Lord Stewart of Dirleton, dealt with every single issue that was raised? That I disagree with some of the answers is not the same as saying that he did not deal...
Moved by
Lord Stewart of Dirleton
That this House do agree with the Commons in their Amendments 2 and 3.
2: Clause 2, page 2, line 28, at end insert—
“(2) Regulations under section (Implementation of other agreements on private international law) may make provision binding the Crown.
(3) The reference to the Crown in...
Moved by
Lord Stewart of Dirleton
That this House do agree with the Commons in their Amendments 2 and 3.
2: Clause 2, page 2, line 28, at end insert—
“(2) Regulations under section (Implementation of other agreements on private international law) may make provision binding the Crown.
(3) The reference to the Crown in...
Moved by
Lord Stewart of Dirleton
Moved by
Lord Stewart of Dirleton
Moved by
Lord Stewart of Dirleton
That this House do agree with the Commons in their Amendment 5.
5: In the Title, line 1, at end insert “and to provide for the implementation of other international agreements on private international law.”
Moved by
Lord Stewart of Dirleton
That this House do agree with the Commons in their Amendment 5.
5: In the Title, line 1, at end insert “and to provide for the implementation of other international agreements on private international law.”
My Lords, I will speak to Commons Amendments 1 to 5 and Amendments 1A, 1B and 4A to 4E, which are in my name.
Private international law is a technical area of law, but it is important to people and businesses that become involved in legal disputes with a cross-border aspect....
My Lords, I will speak to Commons Amendments 1 to 5 and Amendments 1A, 1B and 4A to 4E, which are in my name.
Private international law is a technical area of law, but it is important to people and businesses that become involved in legal disputes with a cross-border aspect....
My Lords, I move my Amendment 1C as an amendment to Amendment 1A. It would leave out subsection (3D) of the Government’s proposed amendment. Leaving out the subsection would mean that the power to extend the sunset period could be exercised only once.
I start by welcoming the noble and learned...
My Lords, I move my Amendment 1C as an amendment to Amendment 1A. It would leave out subsection (3D) of the Government’s proposed amendment. Leaving out the subsection would mean that the power to extend the sunset period could be exercised only once.
I start by welcoming the noble and learned...
My Lords, I add my welcome of the noble and learned Lord, Lord Stewart of Dirleton, to his place in taking over this technical but difficult Bill, one that raises issues of principle.
I welcome the government amendments, which have the power to act as safeguards on the power reinserted into...
My Lords, I add my welcome of the noble and learned Lord, Lord Stewart of Dirleton, to his place in taking over this technical but difficult Bill, one that raises issues of principle.
I welcome the government amendments, which have the power to act as safeguards on the power reinserted into...
Moved by
Lord Stewart of Dirleton
Moved by
Lord Stewart of Dirleton
Moved by
Lord Falconer of Thoroton
1C: Leave out subsection (3D).
Moved by
Lord Falconer of Thoroton
1C: Leave out subsection (3D).
Committee stage. Clause 1, amendment 2, debated with various amendments, new clauses and new schedules. Amendment 2 withdrawn. Clauses 2 and 3, amendments made. Clauses 2 and 3, as amended, agreed to. New clause 5 agreed to on division (324 to 175). Schedules 1 to 5 agreed to. New schedule 4 agreed to. Title, amendment made. Title, as amended, agreed to. Bill, as amended, reported. Report stage. Agreed to on question. Third reading. Agreed to on question. Bill passed, with amendments.
Committee stage. Clause 1, amendment 2, debated with various amendments, new clauses and new schedules. Amendment 2 withdrawn. Clauses 2 and 3, amendments made. Clauses 2 and 3, as amended, agreed to. New clause 5 agreed to on division (324 to 175). Schedules 1 to 5 agreed to. New schedule...
The main outstanding issue with the Bill concerns parliamentary scrutiny—that is, of the UK’s accession to a private international law treaty itself and then concerning orders made pursuant to that treaty. To those Members who may have been mesmerised by the complexity of the amendments today, I should say that...
The main outstanding issue with the Bill concerns parliamentary scrutiny—that is, of the UK’s accession to a private international law treaty itself and then concerning orders made pursuant to that treaty. To those Members who may have been mesmerised by the complexity of the amendments today, I should say that...