The Hague Convention On the Civil Aspects of - PowerPoint Presentation

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The Hague Convention

On the Civil Aspects of International Child AbductionSlide2

Purpose

To protect children internationally from the harmful effects of their wrongful removal or retentionTo deter persons from committing international abductionsTo provide a prompt remedy for the return of abducted childrenSlide3

Summary: Case in chief

The Hague Convention provides for the:-Prompt return between-Signatory nations

-Of a child under 16 years of age-Who has been wrongfully removed from-His/her habitual residence-In violation of custodial rightsSlide4

Defenses

Consent or acquiescenceDelay of more than 1 yearCustody rights were not being exercised

Return would expose the child to a grave risk of physical or psychological harm or otherwise place the child in an intolerable situationReturn would not be permitted by the fundamental principles of the requested state relating to the protection of human rights and fundamental freedoms.Slide5

Defenses to be Narrowly Construed

May also refuse to order return upon finding that a child objects if the child has attained an appropriate age and degree of maturity

The defenses are to be narrowly construed to facilitate the goals of the convention. Slide6

Limitation on Custody Determinations

The

convention prohibits courts in the country to which the child was wrongfully removed from engaging in custody determinations until it is decided the child will not be returned, or the time for lodging an application has passed

. Slide7

Proceedings Must Be Expedited

Expedited

– decision within 6 weeksArticle 11- C.A. or applicant request for written explanation if no timely decisionSlide8

Foreign law

Article 15 of the convention provides that a Court may request the petitioning party to get a determination from the habitual; residence that the removal was wrongful;Article 14 empowers the Court of the requested State to take notice directly of the laws and decisions in the State of the child’s habitual residence.Slide9

Admissibility of Evidence

Art. 30- Application submitted to CA or petition submitted to judicial authorities of contracting state and documents or information appended thereto are admissible.

Art. 23-No legalization or similar formalities may be requiredSlide10

Central Authorities

Key to the implementation of the Convention has been Central A

uthorities in every member state, tasked with cooperating with each other: to ensure the prompt return of wrongly removed and retained children, and to achieve the goals of the convention directly or through intermediaries.Slide11

Central Authorities

' mandateDiscover the whereabouts of wrongfully removed or detained childrenP

revent harm to the child or prejudice to the harmed party with provisional measuresFacilitate the voluntary return of the child or other amicable resolutionProvide general info re law of their state and social background of the childHelp facilitate judicial or administrative proceedings Slide12

Judicial network

The Hague permanent bureau has also created a network of judges who will advise other judges regarding the convention and assist with communication with foreign counterparts

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Network Judges

** Justice Margaret PRICE-FINDLAY, Resident High Court Judge, Eastern Caribbean Supreme Court, St. Georges, Grenada

** The Honourable Madam Justice Allyson RAMKERRYSINGH, Family Court of Trinidad and Tobago**Judge Norma WADE-MILLER, Puisne Judge, Supreme Court of Bermuda

**The Honourable Justice Richard WILLIAMS, Family Law Division of the Grand Court, Grand CaymanSlide14

Non-Hague cases

Being a signatory state helps not only in Hague cases, but in many contentious custody cases with an international parent when there's been no wrongful removal. T

he local parent often asks that the international parent be restricted from taking the parties' child abroad alleging they will not return. If the international parent's home is a member of the Convention, an order can be crafted that allows travel, with appropriate Hague language providing for the child's return.Slide15

Grand

CaymanProtects the Child

Without the Convention, we would have no clear mutually agreed upon process to prevent the child from being subjected to a damaging and often furtive tug of war. And thus the custody order would likely be more restrictive.Allows more flexibility in crafting custody order when each parent's country is a signatory.

Not a custody order.Slide16

Thank you! Gracias

! Merci!

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WEBSITES/ CONTACT

Hague Conference website: http://www.hcch.nethttps://www.hcch.net/en/instruments/conventions/specialised-sections/child-abduction

Chserrette@co.pg.md.us