Thursday 1 November 2012

Hague Convention 1996 finally arrives...

The Hague Convention 1996 comes into force on 1/11/2012 (a bit late, but finally!).

In cases of child abduction and retention, the law reinforces the 1980 Convention concerning civil abduction of children and gives greater authority to th
e courts of the country of habitual residence.

The new Convention (new? it's taken the UK 8 years to sign it!) also addresses in which country cross border contact disputes should be resolved, and importantly, should make the need for mirror orders obsolete in other signatory countries.

Signatories to the 1996 Convention differ from those countries which are party to the 1980 Convention... don't panic... we're preparing a list for you... it will be on flApp within 24 hours.
The 1996 Convention does not replace the 1980 Hague Convention on the Civil Aspects of International Child Abduction. It does however resolve and strengthen matters related to jurisdiction (e.g. that the courts of the country of habitual residence for the child have primacy).

Full text of the 1996 CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND CO-OPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURES FOR THE PROTECTION OF CHILDREN is available on our family law app http://www.thecustodyminefield.com/mobile/hagueconvention96.html