In re T. (Minors) (International Child Abduction: Access)
         (United Kingdom 1993)
         1 W.L.R. 1461 [1993]
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         In re T. (MINORS) (INTERNATIONAL CHILD ABDUCTION: ACCESS)

                                   Practice Note

         1993 Feb. 17
              Mar. 17

         Bracewell J.

         Children - Custody rights - Access - Proceedings for enforcement
         of foreign access order - Role of central authority - Child
         Abduction and Custody Act 1985 (c. 60), Sch. 1, art. 21

         SUMMONS

         By a summons dated 12 January 1993 the father applied under
         article 21 of the Hague Convention on the Civil Aspects of
         International Child Abduction, as enacted by section 1(2) of the
         Child Abduction and Custody Act 1985,1    for an order that the
         mother take all necessary steps to facilitate access to his three
         children pursuant to an order of the Superior Court of the State
         of California.

         Judgment was delivered in chambers and is reported with the
         permission of the judge.

         Henry Setright and Leonard Klein for the father.
         David Hershman for the mother.

         Cur. adv. vult.

         17 March BRACEWELL J., having ruled that the father's application
         should have been brought under the Children Act 1989, made the
         following statement. Having considered the submissions before me,
         I am satisfied that it is not correct procedure for the central
         authority [the Lord Chancellor's Department] to issue an
         originating summons in the circumstances of the present case.
         Since article 21 confers no jurisdiction on a court to determine
         matters relating to access or to recognise and enforce foreign
         access orders, the role of the central authority is limited to one
         of executive co-operation.

         Accordingly, the duty of the central authority on receiving an
         application to make arrangements for organising or securing the
         effective exercise of access rights under article 21, is to make
         appropriate arrangements to provide English solicitors to act on
         behalf of the applicant for the purpose of instituting an
         application under section 8 of the Children Act 1989.

         By reason of the international element and the complexity which is
         usually involved in such proceedings, serious consideration should
         be given to commencing proceedings in the High Court even if the
         case does not strictly fall within Practice Direction (Family
         Division: Distribution of Business) [1992] 1 W.L.R. 586.
         --------------------
         1.    Child Abduction and Custody Act 1985, Sch. 1, art 21: "An
               application to make arrangements for organising or securing
               the efEcctive exercise of rights of access may be presented
               to the central authorities of the contracting states in the
               same way as an application for the return of a child."


         Since April 1992 the Official Solicitor has taken over
         responsibility on behalf of the Lord Chancellor's Department for
         the child abduction unit.

         In some cases it may be appropriate to invite the Official
         Solicitor to consent to act on behalf of the children in the
         Children Act procecdings where difficult matters arise.

         Application dismissed.

         Application for certificate under section 12 of the Administration
         of Justice Act 1960 for leave to appeal direct to House of Lords
         refused.

         Solicitors: Bindman & Partners; Irwin Mitchell, Birmingham.