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Review of Hague Abduction and Child Protection Conventions

Posted by John Roberts
John Roberts
John is a partner with Austin Lafferty Ltd and has been with the firm for over 1
User is currently offline
on Wednesday, 25 January 2012
in Family Law and Divorce

The Hague Conference on Private International Law is to convene Part II of the Sixth Special Commission Meeting to review the practical operation of the 1980 Hague Child Abduction Convention and the 1996 Hague Child Protection Convention from 25th to 31st January 2012.

The Child Abduction Convention applies typically where one parent has moved a child abroad without the consent of the other parent and without the permission of a court. In such a case, the “left behind” parent may apply through the Hague system for the prompt return of the child.

The Hague Child Protection Convention provides for co-operation among States Parties on a wide range of cross-border child protection matters, e.g., parental disputes over contact with children, the protection of runaway children and cross-border care.

The Special Commission programme includes, among other things, presentations and discussions on:

  • the enforcement of mediated agreements:
  • grave risk of harm defence in return proceedings;
  • international family relocation; and
  • the future of the Malta Process, a dialogue between senior judges and high ranking government officials from Contracting States to the 1980 and 1996 Conventions and non-Contracting States with Sharia based law. The Process is aimed at improving State co-operation in order to assist with resolving difficult cross-border family law disputes in situations where the relevant international legal framework is not applicable.

 

Source: the Hague Conference on Private International Law

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