Suchergebnisse

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty that seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return. The 'Child Abduction Section' provides information about the operation of the Convention and the work of the Hague Conference in monitoring its implementation and promoting international co-operation in the area of child abduction. There are currently 58 member countries and 22 non-member countries. Australia signed the Convention five years after its introduction. The Family Law (Child Abduction) Regulations 1986 enshrined in Australian law the principles espoused in the Convention which came into force in 1987. The Regulations are to:
(a)secure the prompt return of children wrongfully removed to or retained in any contracting state, and(b)ensure that rights of custody and access under the law of one contracting state are effectively respected in the other contracting states.
This paper shows that the failure of Family Courts to take account of the effects of their actions on the development and best interests of children whose return is secured can add to the psychological abuse of those who were removed from their home countries to avoid sexual abuse and violence. It suggests that the exceptions in the regulations that allow a child to remain in the new country with the primary caregiver are being ignored.

"The 1996 Hague Convention came into force in the United Kingdom on 1 November 2012 and is intended to improve the protection of children in international situations. It provides for the recognition and enforcement of orders and other measures intended to protect a child or a child's property in all the Contracting States, and the co-operation between them necessary to achieve its purposes. The Convention covers a wide range of orders about children, including parental responsibility orders, the appointment of guardians and special guardians, residence, contact, specific issue and prohibited steps orders and injunctions, as well as care and supervision orders. This book provides a comprehensive guide to the complexities of the 1996 Convention, including detailed coverage of the relationship with other international instruments such as the 1980 Hague Abduction Convention and the revised Brussels II Regulation. The Appendices contain all relevant source material including the full text of the Convention"--Provided by publisher

Paul Herrup (University of Pittsburgh - School of Law) & Ronald A. Brand (University of Pittsburgh - School of Law) have posted A Further Look at a Hague Convention on Concurrent Proceedings on SSRN. Here is the abstract: The current...

This note explains that an Alternative Dispute Resolution (ADR) protocol should be adopted as part of the Hague Convention on the Civil Aspects of International Child Abduction to facilitate the amicable resolution of cross‐border child custody cases. It suggests that national ADR models should be used as a guide to improve this treaty. First, this note brings to light the negative effect of cross‐border litigation on children as well as the complexities and the deficiencies of this international treaty. Second, it examines mediation and arbitration systems employed in the United States, Europe, and Australia and how these can be transposed on the international scale. Third, it proposes how the ADR protocol should be drafted and implemented. A sound ADR mechanism would alleviate the unfortunate conditions of children trapped in long and destructive international child custody battles.