4PB

International Children Law

Michael specialises in cases involving the international movement of children, appearing regularly in the High Court, the Court of Appeal and the Supreme Court in cases involving (but not limited to) Hague and non-Hague abduction, jurisdictional disputes, the recognition and enforcement of orders (pursuant to Brussels II revised and the 1996 Hague Convention), relocation (both internal and external) and public law cases with international or other jurisdictional issues.

Michael has appeared in most of the leading cases in this field. He has represented parties (including parents, children and non-Governmental organisations) in the Court of Appeal and the UK Supreme Court in cases involving a diverse range of issues from the human rights implications of government immigration policy (R (on the application of Quila and another) and R (on the application of Bibi and another v Secretary of State for the Home Department [2011] UKSC 45) to jurisdictional issues concerning children and the application of the 1980 Hague Convention (In

the matter of A (Children) (AP) [2013] UKSC 60, In the Matter of KL (A Child) [2013] UKSC 75, In the matter of LC (Children) [2014] UKSC 1 and Re K (A Child) [2014] UKSC 29, In the matter of C (Children) [2018] UKSC 8, Re NY (A Child) [2019] UKSC 49 and G v G [2021] UKSC 9).

In addition to his domestic practice, Michael has appeared before the European Court of Human Rights and the Court of Justice of the European Union. His cases before those courts include:

Ferrari v Romania (Application No. 1714/10), in which Michael appeared on behalf of the applicant, successfully arguing that in failing to enforce an order made pursuant to the 1980 Hague Convention the Romanian authorities had breached the father’s Article 8 rights.
X v. LATVIA (Application no. 27853/09), where Michael was one of a team instructed by the reunite International Child Abduction Centre to intervene in the proceedings.
E-v-B; Case C-436/13, in which Michael represented the father in the leading case on prorogation of jurisdiction pursuant to Brussels IIa
UD v XB; Case C-393/18 PPU, in which Michael represented the UK Government on a referral to the CJEU regarding whether a child could be habitually resident in a country in which they had never been physically present.

He has also been part of a team representing an intervening party before the United States Supreme Court (Lozano v Alvarez – appeal judgment at 697 F.3d 41 (2d Cir. 2012)).

Private Children Law

Michael acts for parents and children in all cases that fall within the broad heading of ‘private children law’. He has particular experience in jurisdictional issues that arise following the international movement of children and in cases where it is proposed that a child should relocate abroad. He represents parties in cases involving serious allegations of domestic abuse, including alienating behaviours.

Public Children Law

Michael specialises in public law cases involving the movement of children across borders. In recent years, that has included the consequences for children of illegal entry into the United Kingdom (A & Ors (Case Proceedings: 1996 Hague Convention: Habitual Residence) [2024] EWFC 110 and A & Ors (Care Proceedings: Inherent Jurisdiction: Order for Return to Austria), Re [2024] EWFC 178) and the removal of a child abroad at a time when care proceedings were contemplated following a finding that the father had caused the death of a child (D, Re (Wardship: Jurisdiction: Cutting Across Statutory Schemes) (Rev1) [2024] EWHC 1658 (Fam)). He also advises upon and acts in cases involving international adoption and the jurisdictional and practical arrangements involved in the transfer of children abroad in a public law context (see, for example, E v The Child and Family Agency of Ireland & Ors [2024] EWHC 1778 (Fam)).

Court of Protection

Michael acts for parents and children in cases involving serious medical issues both under the inherent jurisdiction and in the Court of Protection (e.g. A Hospital Trust v P & Ors [2024] EWHC 313 (Fam), Raqeeb (by her litigation friend) v Barts Health NHS Trust [2020] 1 FLR 1376, Re D (A Child) (Residence Order: Deprivation of Liberty) [2019] UKSC 42).

Due to his extensive experience of international family law, he has a particular interest in cases where the patient has travelled abroad (or it is proposed that they should travel abroad) for the purposes of medical treatment.

Non-court dispute resolution

Michael is frequently instructed to advise parties in relation to contemplated or ongoing mediation, and has experience of representing parents within mediation where they wish to have counsel present within or on the fringes of discussions.

Michael is also instructed to attend discussions outside of formal mediation (for example round table meetings) in order to assist them in securing the best possible agreement in the particular context of their case.

Publications / Training

Michael is a contributing author to Rayden and Jackson on Relationship Breakdown, Finances and Children (https://www.lexisnexis.co.uk/products/rayden-and-jackson-on-relationship-breakdown-finances-and-children.html)

Together with Mr Justice Williams, Henry Setright KC and Maria Wright he wrote International Issues in Family Law: The 1996 Hague Convention and Brussels II Revised (25 Sept 2015) (https://www.amazon.co.uk/International-Issues-Family-Law-Convention/dp/1784731528)

He writes the chapter on International Child Abduction for International Family Law Practice (https://www.lexisnexis.co.uk/store/products/international-family-law-practice-sixth-edition-skuuksku9781784734770IFLP685589/details)

Michael also frequently writes articles for prominent journals, and edits and writes for The International Family Law Blog (https://theinternationalfamilylawblog.co.uk/)