Recognition and Enforcement of Foreign Civil Protection Orders
Current mandate
The Permanent Bureau is currently tasked, in accordance with the mandate of the 2017 meeting of the Council on General Affairs and Policy (Conclusion and Recommendation No 15), to continue exploratory work in this topic:
"The Council welcomed the oral update provided by the Permanent Bureau and noted that the topic will be discussed during the upcoming Special Commission on the 1980 Child Abduction and 1996 Child Protection Conventions. The Council directed a short note to allow for a discussion of the future of this work item at its 2018 meeting."
Consultation of Members by 30 September 2014
June 2014 Circular to National and Contact Organs
The Draft Coutry Profile is available to download here for Members to complete with information on their national law and procedures. Members are also invited to submit comments on the Draft Country Profile itself.
Members which have previously submitted a response to the Questionnaire on the Recognition and Enforcement of Foreign Civil Protection Orders (Prel. Doc. No 4 A of November 2012) are invited to use the information collected for that Questionnaire to assist in the completion of the Draft Country Profile, which builds upon the information previously collected.
Individual Member responses to the Draft Country Profile
Consultation of NGOs by 30 September 2014
- Questionnaire of June 2014 for non-governmental organisations and other experts
12-13 February 2014 Experts' Group Meeting
- Meeting Report and Conclusions & Recommendations of the Experts' Group meeting of February 2014 (Prel. Doc. No 4 A of March 2014)
- Draft Country Profile (Prel. Doc. No 4 B of March 2014)
Key documents
- Prel. Doc. No 7 of March 2012 - Recognition and enforcement of foreign civil protection orders: a preliminary note
- Prel. Doc. No 4A of November 2012 - Questionnaire on the Recognition and Enforcement of Foreign Civil Protection Orders
- Prel. Doc. No 4B of March 2013 - Questionnaire on the recognition and enforcement of foreign civil protection orders: Summary of Member responses and possible ways forward
- Individual responses to the Questionnaire on the Recognition and Enforcement of Foreign Civil Protection Orders
- Info Doc. No 6 of March 2013 - Recognition and enforcement of foreign civil protection orders: Questionnaire of December 2012 for Non-Governmental Organisations
- Individual responses to the NGO / Academic Questionnaire
- Prel. Doc. No 4A of March 2014 - Report of the meeting of the Experts' Group on the Recognition and Enforcement of Foreign Civil Protection Orders (12-13 February 2014)
- Prel. Doc. No 4B of June 2014 (revised) - Draft Country Profile - National and foreign protection orders: legislation, recognition and enforcement and other resources
- Individual Member responses to the Draft Country Profile
- Prel. Doc. No 4 of February 2015 - Recognition and enforcement of foreign civil protection orders: additional statistical and comparative information on national law
Individual responses to the 2012 Questionnaire on the Recognition and Enforcement of Foreign Civil Protection Orders
(Prel. Doc. No 4 A of November 2012)
- Argentina
- Australia:
- Federal
- Australian Capital Territory
- New South Wales
- Northern Territory
- Queensland
- South Australia
- Tasmania
- Victoria
- Western Australia
- Austria
- Belarus
- Brazil
- Bulgaria
- Canada:
- Alberta
- British Columbia
- Manitoba
- Newfoundland and Labrador
- Northwest Territories
- Nova Scotia
- Ontario
- Prince Edward Island
- Quebec
- Saskatchewan
- Yukon
- Croatia
- Czech Republic [annex]
- Estonia
- European Union
- Finland
- Germany
- Hungary
- Israel
- Japan
- Lithuania
- Monaco
- Netherlands
- New Zealand
- Portugal
- Romania
- Serbia
- Slovakia
- Sweden: Procedure of divorce | General application
- Switzerland
- Turkey
- United States of America
The Council of Europe Secretariat (Directorate General of Human Rights and Rule of Law, Gender Equality and Violence against Women Division) submitted information to the Permanent Bureau in relation to a potential new global instrument on the recognition and enforcement of foreign civil protection orders, responding to an informal survey principally of non-governmental organisations and institutes. It should be noted that all information submitted was based on the expertise of the Council of Europe Secretariat, and does not represent the views of the Member States of the Council of Europe. (A copy of a short questionnaire distributed to non-governmental actors is available on the website of the Hague Conference at < www.hcch.net > under "Work in Progress" then "General Affairs" and "Recognition and Enforcement of Foreign Civil Protection Orders: Questionnaire for Non-Governmental Organisations, Info. Doc. No 6".)
Individual Member responses to the Draft Country Profile
-
National and foreign protection orders: legislation, recognition and enforcement and other resources
(Prel. Doc. No 4B of June 2014 (revised))
- Argentina
- Austria
- Brazil
- Bulgaria
- Canada:
- Alberta [Attachment]
- British Columbia
- Prince Edward Island [Attachments A, B, C and D]
- Quebec [Annex]
- Saskatchewan [Attachment]
- China:
- Denmark
- Ecuador
- Estonia
- European Union
- France
- Greece
- Hungary [Attachment]
- Italy
- Latvia
- Lithuania
- Mexico [Attachments A and B]
- Monaco
- New Zealand
- Paraguay
- Poland
- Republic of Korea
- Serbia
- Slovakia
- Spain [preliminary response]
- Sweden: Document A [Attachment] | Document B [Attachment]
- Switzerland
- Ukraine
Informal Non-Governmental Organisation and Academic Feedback
Recognition and Enforcement of Foreign Civil Protection Orders:
Questionnaire for Non-Governmental Organisations
In December 2012, the Permanent Bureau distributed a short questionnaire to international non-governmental organisations (NGOs) and other institutes principally working in the area of family and domestic violence (and / or private international law), for informal consultations to gain further information on national civil protection order legislation, and to seek any preliminary views as to the need and desirability of a new international instrument in this area. A copy of a short questionnaire distributed principally to non-governmental actors is available on the website of the Hague Conference www.hcch.net under "Projects" then "Protection Orders Project".