International child abduction proceedings: key points to note from the latest President's guidance

On 13 March 2018 a new practice direction was issued by the President concerning Case Management and Mediation of International Child Abduction Proceedings.

 A practice direction tells anyone involved in judicial proceedings how to manage the case and interpret the Court rules.

The practice guidance has been issued by the President to ensure all applications are appropriately case managed – whether commenced by a without notice application or on notice. The guidance deals with a number of aspects of child abduction proceedings but practitioners should take note in particular of the changes made in relation to without notice applications and mediation.

Without notice applications 

For some time now the courts have discouraged the use of without notice applications in child abduction proceedings. In the case of B v A (Wasted Costs Order) [2012] EWHC 3127 (Fam) [2013] 2 FLR 958 Mr Justice Charles reminded practitioners of the correct procedure to be used when making without notice applications. Previous guidance had been given by Mrs Justice Theis in KY v DD (Injunctions) [2011] EWHC 1277(Fam) [2012] 2 FLR 200 Mr Justice Munby (as he then was) in...

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