Child application in procedural limbo

In re A; HA v MB (Brussels II revised; art 11(7) application) FD TLR 2 November

There is a procedural limbo, which exists in relation to an application for the return of a child from a Member State where a non-return order has been made and art 13 of the Hague Convention on the Civil Aspects of International Child Adoption 1980. There are no provisions specifically relating to such an application within the existing Family Proceedings Rules. Singer J, with the approval of the President of the Family Division, set out the practice to be adopted pending the entry into force of new family procedure rules, probably in October 2008, as follows: