Wednesday, 25 November 2015

Costs of returning abducted children



Richards LJ, Sale LJ, Bodey J

A court can order payment of travel costs and costs of returning the child in Hague Convention proceedings but Art 26 1980 Hague Convention does not extend to domestic proceedings seeking a return.

Article 26 in its relevant parts reads: "Upon ordering the return of a child …. the judicial ….. authorities may ….. direct the person who removed or retained the child …. to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant and those of returning the child."