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Experts review operation of the Hague Abduction and Child Protection Conventions

The Hague Conference on Private International Law has convened the Sixth Meeting of the Special Commission to review the practical operation of the Hague Abduction and Child Protection Conventions. Both Conventions are important, widely ratified multilateral instruments which protect the safety and welfare of children all over the world.

 

The 1980 Hague 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 and a “return order” will be issued unless the “taking parent” can establish that one of the exceptions found in the Convention should be applied.

 

The Convention is now operating in 85 States, with additional States preparing to join, including Japan which recently announced its intent to sign the Convention.

 

The 1996 Hague Child Protection Convention provides for co-operation among the State 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.

 

Most European Union States are already a Party to the Convention and the remainder will become so in the near future. The United States signed the Convention last October.

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