James Netto
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James specialises in all areas of children law, with particular expertise in international children matters. He is a Solicitor Advocate, and regularly conducts his own advocacy in the Family Court and also in the High Court. James is highly experienced in cases concerning the international movement of children. He is a specialist in international parental child abduction cases and is regularly instructed by both parents and children within the UK and abroad, as well as by the Central Authority.
In a series of firsts, James was involved in the first 1980 Hague Convention child abduction case between Japan and the UK, the first cases concerning the inherent jurisdiction and the 1996 Hague Convention to reach the UK Supreme Court, the first appeal case to concern the interpretation of Brussels II Revised enforcement provisions, and the first reported cases of children being returned to Algeria and to Sudan. He has also acted for clients in many high-profile and widely reported appeals, interventions and committals.
‘James Netto advises on a wide spectrum of public and private international children matters, including leave to remove and abduction cases. He is highlighted for his expertise on multi-jurisdictional relocations and jurisdictional disputes’. Chambers UK 2023.
James is much in demand as a speaker at seminars and conferences both within the UK and abroad. He is one of just a handful of lawyers admitted to Bar of Akrotiri and Dhekelia, having appeared in what is thought to be the first international children case in that jurisdiction.
James is a Resolution Accredited Specialist in Child Abduction and in European and International Law.
‘James Netto is a star solicitor. He has excellent judgement and unparalleled flair in representing young children in complex disputes. James is a fighter and will not shy away from tacking the most difficult cases’. The Legal 500 2023
Relevant experiences and positions
Extensive experience of relocation proceedings involving the US, Europe and the Far East, including successful applications involving China, Japan, and the United Arab Emirates. President of CALA, the UK’s Child Abduction Lawyers Association, for two years in a row. Regularly invited to provide training at seminars and conferences in the UK and abroad, including the Dutch vFAS association of family lawyers.
Some personal questions
What is your advice to parents about international parenting plans?
Plan, plan, plan! The process of relocation can seem a complex one, with competing pressures from family, friends, ex-partners and indeed children. However, a carefully crafted international parenting plan, spelling out issues of relocation, international contact, the practicalities of travel and how it is funded (amongst other issues) can help families navigate this often-confusing area of law. Once drafted, legal advice at home and abroad is invaluable, so that parents and children alike have certainty and can rely on brokered agreements that are legally binding.
What should parents know before starting a court procedure about child relocation?
Be prepared for a wait. Courts in England and Wales are sadly busier than ever, and delays have been compounded by a shortage of judicial sitting days and by covid. Parents need to be mindful not only of the legal and evidential requirements of any application, but also the practical arrangements for their matter to be determined. Urgent applications can rarely be prioritised but timeframes mean that parents are able to plan relocation applications and international contact accordingly.
What do you think is important to do or not do as an attorney in child abduction cases?
I am regularly instructed by children in relocation and abduction matters. The single most frequent refrain I hear from children and young people is “why is nobody listening to me?”. The appointment of a lawyer for a child allows them to be given a proper, considered platform for the representation of their views. On the one hand, children are empowered with a greater say, but simultaneously, must not be led to believe that their voice equates to a veto, or that they are not subject to law and court orders in the same way as adults are.
What do you think all people should know about child abduction cases?
Relocation cases and abduction cases are often intrinsically linked. Courts only are able to see a snapshot of a family’s private life. Within nearly every relocation matter, applicants often have an overwhelming desire to move home. When this is not permitted, or is indeed stopped, abductions often follow. Whilst of course each case turns on its merits and relocation cases can be exceptionally finely balanced, parents and indeed the court must focus on the long-term future of the family.
What is your advice to parents dealing with international child abduction?
Never overrule mediation and negotiation. Ultimately, the result of any abduction case is binary – should a child be returned or not? An answer either way will almost inevitably leave one parent – and perhaps the child involved – aggrieved and upset. Emotions run high and risk prejudicing family relations for life. Parents would do well to consider putting aside differences and past behaviours, and realising that a conclusion to a case can be found outside of a court room.
