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?

• 35 minute audio presentation (2 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

• Defences under the Hague Convention, in particular
  - key components of grave risk/intolerability defence
  - whether violence can constitute grave risk/intolerability
  - tactical advice on circumventing the grave risk/intolerability defence
  - key components of the ‘child’s objections’ defence
  - practical considerations when the child’s objections defence is deployed
• The exercise of judicial discretion and factors for consideration once a defence has been established
• The Court’s approach and best practice in non Hague Convention abduction cases, in particular bi lateral arrangements
• A writ of sequestration, in particular
  - when it is appropriate
  - procedure
• Alternatives to sequestration

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.

Part 2

• Re C (A Minor) (Abduction) [1989] 1 FLR 403
• Re C (Abduction: Grave Risk of Psychological Harm) [1999] 1 FLR 1145
• Re C (Abduction: Grave Risk of Physical or Psychological Harm) [1999] 2 FLR 478
• Re L (Abduction: Pending Criminal Proceedings) [1991] 1 FLR 433
• W v W [2004] 2 FLR 499
• TB v JB (Abduction: Grave Risk of Harm) [2001] 2 FLR 515
• Re H (Children)(Abduction: Grave Risk) [2003] 2 FLR 141
• Re S (A Child) [2002] 2 FLR 815
• Re M (Abduction: Intolerable Situation) [2000] 1 FLR 930
• Re D (Article 13(b): Non-Return) [2006] 2 FLR 305
• Re M and J (Abduction and International Judicial Collaboration) [2000] 1 FLR 803
• Re T (Abduction: Child’s Objections to Return) [2000] 2 FLR 192
• Re R (Child Abduction: Acquiescence) [1995] 1 FLR 716
• B v K (Child Abduction) [1993] 1 FCR 382
• W v W [2010] EWHC 332
• Re H (Abduction) [2007] 1 FLR 242
• Re D (A Child)(Abduction: Rights of Custody) [2007] 1 FLR 961
• Re M (Abduction: Zimbabwe) [2008] 1 FLR 251
• Re C (Abduction: Separate Representation of Children) [2008] 2 FLR 6
• H v H (Abduction: Acquiescence) [1996] 2 FLR 570
• Re K (Abduction: Consent) [1997] 2 FLR 212

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.