Speaker:

Duncan Ranton

Published:

Format:

E-Training

Category:

Family

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Duncan reviews practice and procedure relating to international child abduction, what constitutes wrongful removal and retention, rights of custody and how to establish a defence under the Hague Convention. He considers the exercise of judicial discretion once a defence has been established, best practice for dealing with non-convention jurisdictions and when to make use of sequestration proceedings.

What is included?

• 31 minute audio presentation (1 of 2) – you can listen on your computer/laptop, MP3 player/iPod/iPad
• Assessment facility – take a multiple choice test online to gain 1 CPD point
• Family Law CPDtracker – keep track of all your CPD points online

Content and Learning Outcomes

• The civil statutory provisions governing international child abduction
• What constitutes wrongful removal and retention by reference to case law developments
• The standard and burden of proof
• Best practice when timing rectification of a wrongful retention
• The use of Declarations in the child’s country of habitual residence
• Who has rights of custody
• What rights qualify as rights of custody
• The provisions governing defences under the Hague Convention and the interrelation with Brussels IIr
• Defences under the Hague Convention, in particular
  - the meaning of ‘settlement’ under article 12 Hague Convention
  - factors for consideration by the Court where a defence of settlement has been established
  - how a non exercise of rights of custody defence can be established under article 12 Hague Convention
  - establishing the defence of consent and the burden of proof
  - the distinction between the defences of consent and acquiescence
  - whether delay can constitute acquiescence

Who should listen

• Solicitors
• Barristers
• Legal executives
• Paralegals

Level of Expertise: Advanced

Please click here for a FREE 10 minute demo

Duncan Ranton Assistant, Kingsley Napley

Duncan Ranton is an assistant solicitor in the family team at Kingsley Napley LLP. Duncan is dual-qualified, first in his native Australia and then in England and Wales. He specialises in private law children disputes, especially child abduction and adoption cases with a transnational component and has led several reported decisions in these fields.

He regularly writes and lectures in these areas and is recognised by the peer-contributed guides as an expert in his field. Duncan also represents capacitated children, who are the subject of court proceedings.

• Hague Convention in the Civil Aspects of International Child Abduction 1980
• Child Abduction and Custody Act 1985
• Council Regulation (EC) No. 2201/2003 of 27 November 2003
• Child Abduction and Custody Act 1985
• Re H; Re S (Abduction: Custody Rights)[1991] 2 AC 476; [1991] 3 All ER 230
• Re F (Child Abduction: Risk if Returned) [1995] 2 FLR 31
• Re D (Abduction: Custody Rights) [1999] 2 FLR 626
• Re M (Abduction: Acquiescence) [1996] 1 FLR 315
• Re S (Abduction: Wrongful Retention) [1994] 1 FLR 82
• Cannon v Cannon [2005] 1 FLR 169
• Re H (Abduction) [1990] 2 FLR 439
• Re D (Abduction: Rights of Custody) [2007] 1 FLR 961
• Re B (A Minor)(Abduction) [1994] 2 FLR 249
• Re F (Abduction: Unmarried Father: Sole Carer) [2003] 1 FLR 839
• Re C (A Minor)(Abduction) [1989] 1 FLR 403
• Re H (A Minor)(Abduction: Rights of Custody) [2000] 1 FLR 374
• Re H; Re S (Abduction: Custody Rights) [1991] 2 FLR 262
• Re N (Abduction) [1991] 1 FLR 413
• Re M (Abduction: Zimbabwe) [2008] 1 FLR 251
• Re W (Abduction: Procedure) [1995] 1 FLR 878
• Re A (Abduction: Rights of Custody: Imprisonment) [2004] 1 FLR 1
• Re L (A Child) [2006] 1 FLR 843
• Re P (Abduction: Consent) [2004] 2 FLR 1057
• T v T (Abduction: Consent) [1999] 2 FLR 912
• Re H (Abduction: Acquiescence) [1997] 1 FLR 872
• Re G (Abduction: Withdrawal of Proceedings, Acquiescence and Habitual Residence) [2008] 2 FLR 351
• D v S [2008] 2 FLR 393
• B-G v B-G [2008] 2 FLR 965

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).  Please quote reference EH/Jord.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed)

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with Family Law is maintained online and is accessible to you for two years/until you delete your CPDtracker account.