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Hague Convention on Parental Responsibility and Protection of Children
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Hague Convention on Parental Responsibility and Protection of Children
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- the content below is remote from Wikipedia
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Scope and application
The 1996 Convention aims to avoid orders about children's property and welfare (excluding parental responsibility and contact) being made in any state other than the state in which the child is habitually resident. It also allows orders made in the child's state of habitual residence to be registered and made enforceable in other Convention countries. It establishes a framework for the co-ordination of legal systems, and for international judicial and administrative co-operation.General background
The Hague Children's Conventions
The Hague Conference has, for more than a century, been involved in measures of protection under civil law of children at risk in cross-frontier situations. Three Hague Children's Conventions have been developed over the last twenty-five years, a fundamental purpose being to provide the practical machinery to enable States which share a common interest in protecting children to co-operate together to do so.The 1996 Convention
The 1996 Convention is the broadest in scope of those three, covering as it does a very wide range of civil measures of protection concerning children, ranging from public measures of protection or care to matters of representation to the protection of children's property. It also covers:- Unaccompanied minors
- Cross-frontier placements of children
Implementation in the European Union
The subject of the convention is one of the subjects treated in the EU's Brussels II regulations. Between member states this regulation takes precedence over the Hague Convention as it is "at least as favourable as the rules laid down in the Convention". The subjects of convention furthermore is an area of mixed competence between the European Union and its member states, which means that the European Union has to authorise it member states to sign and to ratify the convention and state so. The European Union authorised signature and ratification in 2002WEB,weblink Convention on parental responsibility and protection of children, EUR-Lex, 11 February 2012, 19 December 2002, and 2008 respectively.WEB,weblink 2008/431/EC: Council Decision of 5 June 2008 authorising certain Member States to ratify, or accede to, in the interest of the European Community, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children and authorising certain Member States to make a declaration on the application of the relevant internal rules of Community law â Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, EUR-Lex, 11 February 2012, 15 June 2008, The ratification directive was delayed as a result of the Gibraltar dispute between Spain and the United Kingdom. In January 2008 an agreement was reached to resolve the situation to allow progress on this and other treaties. Britain and Spain compromised on a so-called "post-boxing" system under which communications between Spain and Gibraltar involving the treaties will go through London.WEB,weblinkweblink" title="web.archive.org/web/20121013044432weblink">weblink dead, 13 October 2012, Britain, Spain cut deal on Gibraltar to revive treaties, Xinhua News Agency, 9 January 2008, 15 January 2011, After this deal the Convention entered into force for several EU countries, including Spain and the United Kingdom. All EU member states have ratified the convention.Implementation in the Russian Federation
The 1996 Convention entered into force in Russia on 1 June 2013. The firstNEWS, 'Abducted' children returned to the UK,weblink BBC London News, 21 July 2014, NEWS, American mother reunites with children abducted by Russian father,weblink Russian Legal Information Agency, aka Rapsi News, 22 July 2014, use of the Convention in Russia, known as the Neustadt case,JOURNAL, The first year of application of the 1996 Hague Convention on Protection of Children in Russia: a success story, International Family Law, 165â169, Jordan Publishing, September 2014, concerned the retention in Russia of two minors by their NEWS, Neustadt boys to return to their mother - Moscow City Court,weblink Russian Legal Information Agency, aka Rapsi News, 21 November 2013, NEWS, My partner abducted my child: the parents left behind,weblink The Guardian, 21 September 2013, father when an order made in the United Kingdom had said they should live with their mother. The case was heard by the Moscow City Court in September 2013, which ruled to recognize and enforce English court orders for a return of the children to their mother in the United Kingdom. The father appealed, but in November 2013 the Moscow City Court upheld their first ruling and the orders to return the children became final. The order was not enforced until the end of June 2014 when Russian law enforcement officials found the children, who had been kept hidden by their father for over seven months since he lost his appeal.NEWS, Successful return of children from Russia in child abduction case,weblink Dawson Cornwell, July 2014,External links
References
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