1980 Hague Convention Proceedings and mental health – what practitioners need to know

In this article, Christopher Hames KC, Mani Singh Basi, and Lucy Logan Green, barristers at specialist family law set 4PB, and Dr Sumi Ratnam, consultant forensic psychiatrist, discuss the complex questions raised by the prevalence of mental health issues in Article 13(b) cases under the 1980 Hague Convention.

They explore how mental health becomes an issue in an Article 13(b) defence - an exception to the mandatory obligation to return children wrongfully taken or retained away from their normal residence under Article 12, without the consent of a person with rights of custody - and summarise the key principles illuminated by two landmark decisions handed down by the Supreme Court.

Moreover, they explore the relationship between such mental health issues and domestic abuse cases, and examine both the implications of a recent decision in the family courts, and what insight recent case law can provide on the issue.

The full article has published in the January issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

Read the full article here.