Guide to Good Practice Child Abduction Convention: Part IV

71 Pages·2010·0.4 MB·English

Contact details for the Permanent Bureau of the Hague Guide to Good Part IV –
Conference are as follows:
Practice under
Hague Conference on Private International Law
the Hague
Permanent Bureau
Enforcement
Scheveningseweg 6 Convention of
2517 KT The Hague
25 October 1980
The Netherlands
on the Civil
Tel.: [phone]
Fax: [phone]
Aspects of
Email: [email protected]
International
Website: www.hcch.net
Child Abduction
GUIDE TO GOOD PRACTICE

under the Hague Convention of 25 October 1980 on the
Civil Aspects of International Child Abduction

PART IV – ENFORCEMENT

GUIDE TO GOOD PRACTICE

under the Hague Convention of 25 October 1980 on the
Civil Aspects of International Child Abduction

PART IV – ENFORCEMENT
Published by
Family Law
A publishing imprint of Jordan Publishing Limited
21 St Thomas Street
Bristol BS1 6JS

For the Hague Conference on Private International Law
Permanent Bureau
6, Scheveningseweg
2517 KT The Hague
The Netherlands
telephone [phone] fax [phone]
e-mail [email protected] website http://www.hcch.net

© Hague Conference on Private International Law 2010

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in
any way or by any means, including photocopying or recording, without the written permission of the copyright
holder, application for which should be addressed to the publisher.

British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library

ISBN 978 1 84661 241 1

Printed in Great Britain by Antony Rowe
TABLE OF CONTENTS
Page
EXECUTIVE SUMMARY vii

INTRODUCTION xv
A. Background work of the Hague Conference on the enforcement of return
orders made under the Convention xvii
B. Overview of factors which may delay enforcement xx
C. Terminology xxiii

THE GUIDE 1
1. Measures available in the requested State, their content and the conditions
for their application 3
2. Legal challenges available against return orders or against their enforcement 11
3. The effect of legal challenges on the enforceability of return orders 19
4. The enforcement procedure (including the return order to be enforced
and the aims of enforcement) and the actors involved 21
5. Promoting voluntary compliance 25
6. The child 28
7. Co-operation among courts, authorities and other actors within the
requested State 30
8. Cross-border co-operation to ensure safe return 35
9. Training and education 37

ANNEX – Chapter 7 of General Principles and Guide to Good Practice on Transfrontier
Contact Concerning Children

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Executive Summary ix
1. Measures available in the requested State, their content and the conditions for
their application

1.1 Rapid and effective mechanisms should be available for locating an
abducted child. Such measures should be available at every stage of the
proceedings, including the enforcement stage.

1.2 Rapid and effective mechanisms should be available for protecting an
abducted child while return proceedings are pending, in particular with a
view to preventing the abducting parent from taking the child into hiding.
Such measures should be available at every stage of the proceedings,
including the enforcement stage.

1.3 At all stages of the proceedings the court should consider whether a need
for protective measures exists to prevent the concealment or removal of
the child from the jurisdiction of the court.

1.4 Effective mechanisms should be available for preparing an abducted child
for return. Such measures should be available at every stage of
the proceedings, including the enforcement stage. If necessary,
co-operation with the authorities of the State of habitual residence
to ensure continuing protection of the child after the return should also
be considered.

1.5 Rapid and effective mechanisms should be available for enforcing a return
order, including a range of effective coercive measures.

1.6 Additional conditions or requirements for enforcing a return order through
the use of coercive measures should be avoided or limited.

1.7 Additional administrative burdens placed on the applicant with regard
to the enforcement of a return order (such as the need for a formal
application for enforcement or for any additional requirements and
authorisations, the need for a renewal of an application for legal aid, etc.)
should be avoided or limited.

1.8 Where the return order needs to be served upon the respondent before
coercive measures may be applied, consideration should be given to the
possibility, in appropriate cases, of serving it at the moment that the
enforcement officer proceeds to enforcement.

1.9 No legalisation or similar formality may be required in the context of the
Convention, including for a power of attorney or other document
authorising a person designated by the applicant to take the child.

2. Legal challenges available against return orders or against their enforcement

2.1 Concentration of jurisdiction

2.1.1 In legal systems where certain orders concerning enforcement (either
an authorisation to enforce, or the order of specific coercive
measures) have to be made by a court other than the court that
decided the application for return (a specialised enforcement court),
the possible benefits of a concentration of jurisdiction at the
enforcement court level should be carefully balanced against the
advantages of proximity of the enforcement court to the place
of enforcement.