TNAG-1583-FCO40-2157-Extension-of-the-Child-Abduction-and-Custody-Act-1985-to-Hon-1986 — Page 45

4. The main provisions of the Act do not confer immediate benefits on a parent in the United Kingdom seeking to recover a child abroad. Its provisions will enable foreign parents and others who wish to recover children abducted to the United Kingdom to do so. Once the two Conventions are ratified parents in this country will enjoy reciprocal arrangements in Contracting States by being able to invoke the jurisdictions of local courts for the return of their children and the enforcement of the orders of British courts.

5. The following is an outline of Parts I and II of the Act:-

PART I International Child Abductions

Part I of the Act gives effect in the UK to the Hague Convention. This provides "for the expeditious return of children to the country of their habitual residence who are wrongfully removed to, or retained in another Contracting State". The general requirement that a child under the age of 16 who has been abducted should be immediately returned to the country where he is habitually resident is subject to certain exceptions. The court determining an application under the Hague Convention may refuse to return the child if one or more of the limited grounds set out in Articles 12 and 13 of the Convention are satisfied.

The Hague Convention is already in force in France, Portugal, Switzerland and Canada and has been signed by five other countries, including the UK and the United States.

An applicant from abroad will automatically be granted legal aid so that a solicitor may be instructed to act on his or her behalf in the recovery of the child from within the UK. The applicants' means will not be assessed and nor will he be required to make a contribution towards the costs of his application. UK applicants will receive assistance abroad on a reciprocal basis.

Other provisions in this Part of the Act enable the court to secure the welfare of the child by giving interim directions to prevent changes in the child's circumstances pending a final decision and enable a UK Central Authority to request, when required by a Central Authority in another state, a report on the social background of a child abducted to that state.

/PART II

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