1 / 19

MODULE II INTERNATIONAL CHILD ABDUCTION: THE ROLE OF THE HAGUE CONFERENCE AND INCADAT

MODULE II INTERNATIONAL CHILD ABDUCTION: THE ROLE OF THE HAGUE CONFERENCE AND INCADAT FRANCISCO JAVIER FORCADA MIRANDA SPANISH REPRESENTATIVE OF THE INTERNATIONAL HAGUE NETWORK OF JUDGES MEMBER OF THE EJN, REJUE, IBER-RED AND REDUE INCADAT SPANISH CORRESPONDENT

alma
Download Presentation

MODULE II INTERNATIONAL CHILD ABDUCTION: THE ROLE OF THE HAGUE CONFERENCE AND INCADAT

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. MODULE II INTERNATIONAL CHILD ABDUCTION: THE ROLE OF THE HAGUE CONFERENCE AND INCADAT FRANCISCO JAVIER FORCADA MIRANDA SPANISH REPRESENTATIVE OF THE INTERNATIONAL HAGUE NETWORK OF JUDGES MEMBER OF THE EJN, REJUE, IBER-RED AND REDUE INCADAT SPANISH CORRESPONDENT SENIOR JUDGE AT COURT OF FIRST INSTANCE NO. 6 (FAMILY) IN ZARAGOZA

  2. THE FUTURE OF THE FIGHT AGAINST INTERNATIONAL CHILD ABDUCTION INVOLVES TWO ESSENTIAL PILLARS IN THE ABSENCE OF A FUTURE PROTOCOL: THE CONVENTION OF 25.10.1980 AND THE CONVENTION OF19.10.1996 87 AND 33 CONTRACTING STATES THE CENTRAL SOLUTION: THE RAPID RETURN OF THE CHILD IS THE ONLY ACCEPTABLE RESPONSE

  3. THE MAIN NEW DEVELOPMENT: THE CONVENTION OF 19.10.1996 • IT REAFFIRMS THE CONVENTION OF 25.10.1980 • IT SUPPORTS THE ESSENTIAL WORK OF THE AUTHORITIES OF THE HABITUAL RESIDENCE OF THE CHILD • IT ALLOWS THE ADOPTION OF URGENT MEASURES (11 AND 12) • IT ALLOWS THE RECOGNITION OF MEASURES IN THE COUNTRY TO WHICH THE CHILD IS RETURNED (NO NEED FOR MIRROR ORDERS) • VISITS BEYOND ARTICLE 21

  4. THE KEY ROLE OF THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 1.- PROMOTION OF THEIR OPERATION AND EFFECTIVE IMPLEMENTATION 2.- PROMOTION OF RATIFICATIONS AND ACCESSIONS.

  5. THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 1.- MEETINGS OF SPECIAL COMMISSIONS APPROXIMATELY EVERY 4 YEARS 6 HELD UNDER 1980 CONVENTION LAST 2, 2006 AND 2011, 1996 CONVENTION ALSO

  6. THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 2.- DEVELOPMENT OF GOOD PRACTICE GUIDES. I.- CENTRAL AUTHORITIES (1980) II.- IMPLEMENTING MEASURES (1980) III.- PREVENTATIVE MEASURES (1980) IV.- ENFORCEMENT (1980) V.- GUIDE TO GOOD PRACTICE ON MEDIATION (1980 IN PREPARATION) CROSS-BORDER CONTACT REGARDING CHILDREN: GENERAL PRINCIPLES AND GOOD PRACTICE GUIDE (1980 AND 1996)

  7. THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 3.- PRACTICAL MANUAL ON THE 1996 CONVENTION AND IMPLEMENTATION CHECKLIST. TASK REQUESTED BY THE 2006 SPECIAL COMMITTEE THE MANUAL PROVIDES AN EASILY UNDERSTOOD, ACCESSIBLE, PRACTICAL GUIDE TO THE 1996 CONVENTION GUARANTEES THE DEVELOPMENT OF GOOD PRACTICES THE PROJECT HAS BEEN CIRCULATED AS PRELIMINARY DOCUMENT NO. 4 OF THE 2011 SPECIAL COMMISSION UNDER REVIEW IN LIGHT OF THE DEBATES OF THE SIXTH COMMISSION.- TO BE PUBLISHED IN 2012 ACCORDING TO THE RECOMMENDATIONS OF THE MEETING.

  8. THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 4.- CONFERENCES, SEMINARS AND CAPACITATION. 5.- DIRECT JUDICIAL COMMUNICATION: SUPPORT AND DEVELOPMENT 5.1.- INTERNATIONAL HAGUE NETWORK OF JUDGES: RUWENBERG 1998 THE ORIGINS: OVER 60 JUDGES FROM 46 STATES IN ALL CONTINENTS. 5.2.- EMERGING GUIDE AND DRAFT GENERAL PRINCIPLES. SUPPORT OF THE SIXTH SPECIAL COMMISSION PART I 5.3.- JUDGES NEWSLETTER: REACHES OVER 900 JUDGES IN MORE THAN 115 COUNTRIES

  9. THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 6.- THE WEBSITE OF THE HAGUE CONFERENCE AND THE SPECIAL SECTION ON CHILD ABDUCTION. 7.-DATABASES, CASE MANAGEMENT SYSTEMS AND ADDITIONAL DEVELOPMENT OF COMPUTER SYSTEMS 7.1.- DATABASE ON INTERNATIONAL CHILD ABDUCTION (INCADAT) 7.2.- STATISTICAL DATABASE ON INTERNATIONAL CHILD ABDUCTION (INCASTAT) 7.3.- ICHILD CASE MANAGEMENT SYSTEM

  10. THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 8.- MAINTAIN COUNTRY PROFILES OF THE CONTRACTING STATES TO THE 1980 CONVENTION PROJECT STARTED BY THE 2006 SPECIAL COMMISSION GATHERS INFORMATION ON NATIONAL LAWS AND PROCEDURES ON10 MARCH 2011, THE DEFINITIVE COUNTRY PROFILE WAS SENT TO THE CONTRACTING STATES FOR COMPLETION 47 OF THE 86 CURRENT CONTRACTING STATES TO THE 1980 CONVENTION HAVE SENT BACK THEIR COUNTRY PROFILES WHICH ARE AVAILABLE ON THE WEBSITE OF THE HAGUE CONFERENCE

  11. THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 9.- DEVELOP AND UPDATE MODEL FORMS 9.1.- MODEL APPLICATION FORM FOR RETURN (AND VISITING RIGHTS). WORK CONTINUES ON FROM THE 2011 SPECIAL COMMISSION 9.2.- A MODEL FORM FOR CONSENT TO TRAVEL? OPINIONS FROM THE STATES IN THE SIXTH SPECIAL COMMISSION PART II 2012

  12. THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 10.- REPLY TO REQUESTS FOR ASSISTANCE FROM STATES, CENTRAL AUTHORITIES AND INDIVIDUALS 11.- REGIONAL PROGRAMMES AND THE MALTA PROCESS LATIN AMERICAN PROGRAMME, AFRICAN PROJECT AND DEVELOPMENT IN THE ASIA PACIFIC REGION MALTA 2004, 2006 AND 2009 WORKING GROUP ON MEDIATION IN THE CONTEXT OF THE MALTA PROCESS FUTURE OF THE MALTA PROCESS

  13. THE KEY ROLE OF THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996 INTERNATIONAL CHILD ABDUCTION DATABASE (INCADAT)

  14. INTERNATIONAL CHILD ABDUCTION DATABASE (INCADAT) ACCESS TO IMPORTANT 1980 CONVENTION DECISIONS CREATED IN 1999 BY THE PERMANENT OFFICE EDITORIAL TEAM: PERMANENT OFFICE, PETER McELEAVY AND AUDE FIORINI 10,590 VISITS BETWEEN 18.1.2011 A ND18.5.2011 SUMMARIES OF APPROXIMATELY 1,000 DECISIONS FROM OVER 40 COUNTRIES

  15. INTERNATIONAL CHILD ABDUCTION DATABASE (INCADAT) OFFERS GUIDANCE PROMOTES MUTUAL UNDERSTANDING PROMOTES CONSISTENT INTERPRETATION NEW VERSION LAUNCHED IN 2010: IMPROVEMENTS - NEW SECTION ON ANALYSIS OF CASE LAW SIXTH SPECIAL COMMISSION PART I: DEBATE ON POSSIBLE EXTENSION TO 1996 CONVENTION. OBVIOUS BENEFITS. THE DEBATE CONTINUES.

  16. THE IMPORTANCE OF CASE LAW IN A GLOBAL WORLD THE EUROPEAN COURT OF HUMAN RIGHTS 1.- MAUMOUSSEAU AND WASHINGTON v FRANCE 6.12.2007 2.- NEULINGER AND SHURUK v SWITZERLAND. GRAND CHAMBER NO. 41615/07 OF 06.07.2010 3.- RABAN v ROMANIA NO. 25437/08 OF 26.10.2010 4.- VAN DEN BERG AND SARRI v NETHERLANDS OF 2.11.2010

  17. THE IMPORTANCE OF CASE LAW IN A GLOBAL WORLD THE COURT OF JUSTICE OF THE EUROPEAN UNION 12 DECISIONS BRUSSELS II BIS 9 DECISIONS INTERNATIONAL ABDUCTION 2 DECISIONS HABITUAL RESIDENCE

  18. THE IMPORTANCE OF CASE LAW IN A GLOBAL WORLD THE NATIONAL COURTS JUDGMENT OF THE UNITED STATES SUPREME COURT OF 17 MAY 2010 Abbott v. Abbott ELIASSEN AND BALDOCK v ELIASSEN AND OTHERS [2011] EWCA . HIGH COURT ENGLAND

  19. END OF MODULE II INTERNATIONAL CHILD ABDUCTION: THE ROLE OF THE HAGUE CONFERENCE AND INCADAT FRANCISCO JAVIER FORCADA MIRANDA

More Related