Family Solicitors

Last month, family director Forida Hakim attended and took part in the Protection of Abducting Mothers in Return Proceedings (POAM) workshop in Aberdeen University where she, along with other experts explored the intersection between domestic violence and international parental child abduction within the EU.

The project, which launched on 1st January 2019, is concerned with the protection of abducting mothers involved in return proceedings under the 1980 Hague Abduction Convention and the Brussels IIa Regulation, particularly in circumstances where the child abduction has been motivated by acts of domestic violence and the use of protective measures available under the regulations. It has received funding from the European Union’s Rights, Equality and Citizenship Programme and is coordinated by the University of Aberdeen along with three partner universities; the University of Munich, Germany; the University of Milano-Bicocca, Italy; and the University of Osijek, Croatia.

Forida shared her expertise on the topic of international parental child abduction during the roundtable session where experts discussed case studies pertaining to the link between domestic violence and abduction. During the roundtable, Forida discussed a particular international case she has been instructed on which involved the UK and Irish High Court where the mother had moved to be with her children. These were long standing proceedings whereby the Irish High Court had already made a ruling and the father was now attempting to trump the Irish High Court decision. There was particular reference to Article 13, its application, and discretion. There was considerable discussion with respect to protective measures under the regulation being applied by practitioners in domestic courts.

As a family law director at Duncan Lewis, Forida has significant experience and in-depth knowledge of private law proceedings involving complex alienation, implacable hostility, sexual abuse and domestic abuse cases, and has represented parties in relation to child abduction matters. She previously represented parents where a child had been abducted to Pakistan and the father was arrested upon his return. Forida is able to provide advice as to how and why the International Child Abduction Contact Unity (ICACU) should be approached, and why and when it would be appropriate to seek High Court application for return to the jurisdiction. She represents parents not residing in the UK needing representation so that their children can be placed with them or within the family. She has reunited parents with children who have been separated by child abduction by the resident parent.

The event was a huge success, bringing together esteemed judges, lawyers, academics, charities, NGOs and the police to exchange knowledge and practical experience on the issue, enabling POAM to move forward with its goal of preventing and combating gender-based violence and violence against children in the context of international parental abduction.

Forida commented on her experience;

“This was a great opportunity to share information about the use of protective measures within the domestic courts, the court and practitioners approach and application on a practical day to day. I was able to engage with people from different academics and agencies, in turn being able to widen my knowledge as to how different jurisdictions approach children law and the why.”

The family department at Duncan Lewis Solicitors has extensive experience in handling cases involving international child abduction cases. As one of only 28 UK law firms on the Lord Chancellor’s Child Abduction Contact Panel, the team has considerable expertise in bringing about swift resolution in parental child abduction cases and returning a child to the custodial parent. They also represent parents whose children have been taken abroad without their consent in numerous Hague Convention cases.

Abduction cases involving domestic violence are regularly handled by our lawyers, including cases where abduction has occurred due to a forced marriage, and matters involving female genital mutilation (FGM).

For more information on international child abduction matters contact Forida Hakim on 02079238440 or at foridah@duncanlewis.com



Duncan Lewis Family and Childcare Solicitors

Our family and childcare teams are specialists in all aspects of family and private/public children law matters from offices across London and throughout the UK. Recognised by The Legal 500 2019, the team is significantly experienced in complex financial matrimonial matters (ancillary relief) relating to the breakdown of a marriage/relationship, with a broad practice representing parents, family members and children through their Guardian in all children public law proceedings.

Since 2013, Duncan Lewis has an established Islamic & Sharia Law team which specialises in Islamic Divorce, Islamic Financial Settlement & Mahr Claims under English Law.

For expert advice, contact one of our team of specialist solicitors on 033 3772 0409.