Download Volume XXV of the Judges' Newsletter here.
Table of contents
Special Focus
I Contracting Parties to the 1980 Child Abduction Convention
II Evaluating and taking stock of the 1980 Child Abduction Convention
III Addressing delays under the 1980 Child Abduction Convention
- Impact of the COVID-19 pandemic on the 1980 Child Abduction Convention, in particular the use of information technology
- Delays under the 1980 Child Abduction Convention
IV Relationship of the 1980 Child Abduction Convention with other international instruments – 1989 UN Convention on the Rights of the Child (UNCRC)
- Best interests of the child
- 2011 Optional Protocol to the UNCRC on a Communications Procedure
V Legal aid and representation under the 1980 Child Abduction Convention
VI Direct judicial communications and the International Hague Network of Judges (IHNJ)
VII 25th Anniversary of the International Hague Network of Judges (IHNJ)
VIII Exceptions to the return of the child under the 1980 Child Abduction Convention and protective measures upon return
- Article 13(1)(b) of the 1980 Child Abduction Convention – Domestic violence / family violence
- Possible forum on domestic violence and Article 13(1)(b) of the 1980 Child Abduction Convention
- Article 13(1)(b) of the 1980 Child Abduction Convention – Safe return, including urgent measures of protection
- Court undertakings
- Hearing the child
IX Processing of return applications under the 1980 Child Abduction Convention
- Return applications where the taking parent lodged a parallel asylum claim
- Determination of wrongful removal (Arts 8, 14 and 15)
X Rights of custody, access / contact under the 1980 Child Abduction Convention
- Access / contact – Central Authority services under the 1980 Child Abduction Convention (Art. 21) and the 1996 Child Protection Convention (Arts 32, 34 and 35)
XI Tools to assist with the implementation of the 1980 Child Abduction Convention
- Revised Request for Return Recommended Model Form and new Request for Access Recommended Model Form
- Revised Country Profile under the 1980 Child Abduction Convention
XII Mediation as relevant to the 1980 Child Abduction (Art. 7(c)) and 1996 Child Protection (Art. 31(b)) Conventions
XIII International family relocation as relevant to the 1980 Child Abduction and 1996 Child Protection Conventions
XIV Contracting Parties to the 1996 Child Protection Convention
XV Evaluating and taking stock of the 1996 Child Protection Convention
XVI Scope of application of the 1996 Child Protection Convention
- Measures of protection
- Articles 31(c), 32(b) and 34 of the 1996 Child Protection Convention
XVII Jurisdiction issues under the 1996 Child Protection Convention
- The rules on jurisdiction form a complete and closed system which applies as an integral whole to Contracting Parties
- Change of habitual residence under Articles 5(2), 34 and 36 of the 1996 Child Protection Convention
- Definition of “urgency” under Article 11 of the 1996 Child Protection Convention
- Communication regarding jurisdiction issues and direct judicial communications (Arts 5-12 and 44)
- Transfer of jurisdiction under Articles 8 and 9 of the 1996 Child Protection Convention
XVIII Applicable law under the 1996 Child Protection Convention
- Determining parental responsibility and rights of custody
XIX Recognition and enforcement of measures of protection under the 1996 Child Protection Convention
- Recognition of measures by operation of law under Article 23(1) of the 1996 Child Protection Convention
- Enforcement of measures in accordance with the law of the requested State to the extent provided by such law under Articles 26 and 28 of the 1996 Child Protection Convention
- Describing the grounds of jurisdiction and the measures of protection in the decision to facilitate its recognition and enforcement
XX Cooperation and general provisions under the 1996 Child Protection Convention
- Elements to consider as to where to establish a Central Authority under the 1996 Child Protection Convention
- General duty to cooperate under Article 30 of the 1996 Child Protection Convention
- Consideration of the development of a certificate for Article 40
XXI Placement or provision of care of the child in another Contracting Party under Articles 3(e) and 33 of the 1996 Child Protection Convention
- General Procedure
- Scope of Articles 3(e) and 33 of the 1996 Child Protection Convention
- Future work
XXII Unaccompanied and separated children and the application of the 1996 Child Protection Convention
XXIII Tools to assist with the implementation of the 1996 Child Protection Convention
- Draft Cooperation Request Recommended Model Form under the 1996 Child Protection Convention
- Draft Country Profile for the 1996 Child Protection Convention
XXIV Benefits and use of the 1996 Child Protection Convention in relation to the 1980 Child Abduction Convention
XXV Central Authorities designated under the 1980 Child Abduction and 1996 Child Protection Conventions
XXVI The Malta Process
XXVII Permanent Bureau services
- INCADAT
- Practitioners’ Tool
- e-Country Profiles project (EU action grant funded project)
XXVIII Other business
- Immigration issues and criminal proceedings
- Evidence-based research
- Measures to prevent international child abduction