Session 11.3 Children and War: A Global Perspective
Tracks
Track 3: Room LG17
| Wednesday, July 30, 2025 |
| 2:00 PM - 3:30 PM |
| LG17 |
Overview
Panel Session
Moderator: Ms Rachael Kelsey, President, International Academy Family Lawyers
Panelists
- Ms Forum Shah, Dawson Cornwell Solicitors, UK
- Ms Jacqueline Renton KC, 4PB, UK
- Mr Stephen Cullen, Miles & Stockbridge P.C., USA
- Mr Edwin Freedman, Law Offices of Edwin Freedman, Israel
Details
Overview
The current geopolitical environment sadly involves a situation whereby many children across the globe are caught up in the devastation of war, through no fault of their own. These children are facing catastrophic atrocities on the ground and this panel will explore the approach taken by courts internationally when faced with the question as to whether a child should be returned to a state at war, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (“Hague Convention 1980”). The panellists will explore the approach taken by the courts in England and Wales, Israel and the USA, with particular focus on the current wars in Ukraine and Israel. The panel will consider the interplay between a court’s international obligations under the Hague Convention 1980 and children’s human rights. The panel will also consider the evidence that courts utilise to determine these cases, with consideration being given to recent case law on the evidential weight that can be placed on media reports, academic commentaries and travel advice issued by the relevant state department, as well as the necessity of expert reports being obtained.
The panellists are all highly regarded specialists in the field of international children abduction, in their respective jurisdictions and internationally. They all have extensive knowledge of the jurisprudence in this field, and have all been involved in a number of recent cases that addresses these issues as regards the current conflict in Ukraine and Israel. The panellists will speak to their experiences so that current jurisprudential thinking and best practices can be shared, with the aim of promoting the rights of children around the world.
The moderator is Rachael Kelsey, who is one of the most prominent international family lawyers of her time and the current President of the International Academy of Family Lawyers.
The current geopolitical environment sadly involves a situation whereby many children across the globe are caught up in the devastation of war, through no fault of their own. These children are facing catastrophic atrocities on the ground and this panel will explore the approach taken by courts internationally when faced with the question as to whether a child should be returned to a state at war, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (“Hague Convention 1980”). The panellists will explore the approach taken by the courts in England and Wales, Israel and the USA, with particular focus on the current wars in Ukraine and Israel. The panel will consider the interplay between a court’s international obligations under the Hague Convention 1980 and children’s human rights. The panel will also consider the evidence that courts utilise to determine these cases, with consideration being given to recent case law on the evidential weight that can be placed on media reports, academic commentaries and travel advice issued by the relevant state department, as well as the necessity of expert reports being obtained.
The panellists are all highly regarded specialists in the field of international children abduction, in their respective jurisdictions and internationally. They all have extensive knowledge of the jurisprudence in this field, and have all been involved in a number of recent cases that addresses these issues as regards the current conflict in Ukraine and Israel. The panellists will speak to their experiences so that current jurisprudential thinking and best practices can be shared, with the aim of promoting the rights of children around the world.
The moderator is Rachael Kelsey, who is one of the most prominent international family lawyers of her time and the current President of the International Academy of Family Lawyers.
Speaker
Ms Rachael Kelsey
President
International Academy Family Lawyers
Children and War: A Global Perspective
Biography
Rachael is President of the IAFL- the International Academy of Family Lawyers. She was elected in 2023- the first Scot and the only woman from the UK in the thirty-seven year history of the Academy.
Rachael is a Scottish lawyer, one of the founding Partners of SKO Family Law Specialists- the largest niche family practice in Scotland. She won 'Private Client Lawyer of the Year' at the inaugural Legal 500 Scottish Law Awards in 2023, is the only 'Star Individual' in the current Edition of Chambers and Partners, the only Scottish lawyer in band one of the UK-wide, Chambers High Net Worth Guide (2024) and was the first Scottish lawyer in the Spears 500 Family Lawyers Guide.
In 2022 Rachael was re-appointed by the Lord President to the Family Law Committee of the Scottish Civil Justice Council for a third term of office. She participated in the Hague Conference in Private International Law Parentage and Surrogacy Project Experts' Group for 3 years and is now participating in the follow-up Working Group. She is a founder of FLAGS (Family Law Arbitration Group Scotland) and acts as an Arbitrator and has trained arbitrators domestically and internationally.
Ms Forum Shah
Partner
Dawson Cornwell Solicitors
Children and War: A Global Perspective
Biography
Forum is a Partner in the children department at Dawson Cornwell. Forum has practised family law exclusively since 2014 and joined Dawson Cornwell in 2020, being made up to partner in 2024. She is a Resolution Accredited Specialist in Child Abduction and Domestic Abuse. Forum specialises in private and public children law, with particular expertise in international child abduction and relocation. Her cases are often complex and mostly at High Court Level. Forum’s cases involve the 1980 Hague Convention, as well as the inherent jurisdiction of the High Court/wardship and non-Hague Convention countries. Forum has had a significant amount of reported cases in the international arena. Forum has been consistently ranked in the Chambers and Partners and Legal 500 directories. Forum won Family Law Associate of the Year at the Lexis Nexis Family Law Awards in 2023 and was included in the inaugural Pro Bono Recognition List 2024.
Miss Jacqueline Renton
Barrister
4PB
Children and War: A Global Perspective
Biography
Jacqueline is a leading senior junior who specialises in the field of international children law. Running alongside her international practice, she also has a substantial practice in complex / high conflict private children law disputes.
For many years, Jacqueline has been ranked in Band 1 in Chambers and Partners and the Legal 500. She is also ranked in The Spear’s 500 Directory. She has been shortlisted for a number of awards over the years.
Jacqueline has appeared in a significant number of the most important decisions in this jurisdiction (and abroad) relating to the development of international children law. Her cases often involve complex and novel points of law, and she has played an important role in the development of this area of jurisprudence for many years. To date, she has appeared in 77 reported cases.
Jacqueline appears regularly in the High Court. She also has a substantial appellate practice having, to date, appeared in 16 appeals to the Court of Appeal and 6 appeals to the UK Supreme Court.
In addition to her domestic practice, Jacqueline has appeared before the Court of Justice of the European Union where she made oral submissions in the case of UD v XB [2019] C-393/18 (PPU), and has filed two amicus curiae briefs before the US Supreme Court.
Jacqueline has represented a number of celebrities over the years, as well as numerous UHNW / HNW clients. She also remains fully committed to publicly funded and pro bono work.
Jacqueline is a Fellow of the International Academy of Family Lawyers and a member of the International Family Justice Committee. She is the lead editor of the international section of ‘Rayden and Jackson’. Jacqueline lectures in this jurisdiction and abroad, and has given expert evidence in the House of Lords as to the impact of Brexit on European family law.
Mr Stephen Cullen
Partner & Head of Family Law & Private Clients
Miles & Stockbridge P.C.
Children and War: A Global Perspective
Biography
Stephen is head of Miles Stockbridge’s Family Law & Private Clients Group, in Washington, DC and Maryland, Baltimore. The firm is top ranked in D.C. by the 2024 Chambers High Net Worth Guide. Stephen is widely recognised as an expert international family lawyer and has published articles internationally.
Stephen is a fellow of the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers. He represents parents and children in state, interstate, UCCJEA and international family and child law cases and is an expert on the 1980 Hague Convention. Stephen's practice includes divorce, financial remedies, custody, child support, alimony, adoption, marital contract and marital torts.
Stephen served as the director of Miles & Stockbridge’s Pro Bono Advocacy Program for 15 years from 2001 to 2016. Before joining Miles & Stockbridge, Stephen was a Scottish high school teacher of English and Italian and then a Scottish lawyer in Edinburgh.
Mr. Edwin Freedman
Attorney
Law Offices of Edwin Freedman
Children and War: A Global Perspective
Biography
Edwin Freedman is qualified as an attorney in Israel, in the State of New York, as well as certain U.S. Federal Courts.
Since 1981, Edwin has specialised in Family Law. He appears in the civil courts as well as Rabbinical Courts. He is particularly experienced in child abduction cases under the 1980 Hague Convention.
Edwin has lectured and published many articles on Family Law matters. He wrote the chapter on Israeli Law for the book, Family Law: Jurisdictional Comparisons. He is the head of the amicus curiae committee of the International Academy of Family Lawyers. Edwin was instrumental in preparing an amicus brief for a Hague Convention abduction case before the U.S. Supreme Court.
Edwin served as the volunteer representative of the Israel Bar Association in the Knesset.
Edwin prepares legal opinions regarding United States law as well as opinions on Israeli law for matters adjudicated in non-Israeli jurisdictions.
