Custody
International Custody - Hague Convention FAQThe Hague Convention governs those nations that have signed it, as to children and the ensuing custody battles, when parents live in different countries. The convention has been sign by The United States of America and many other countries. It also assists the collection of child support when parents live in different countries. Links are provided below to information and other sites that can provide information to those unfortunate parents locked into a custody battle across international borders. Hague Convention Text >> Frequently Asked Questions about the Hague Convention>> What is the "Hague Conference on Private International Law"?
The Permanent Bureau is the secretariat of the Hague Conference. Its main task consists in the preparation and organisation of the Plenary Sessions and the Special Commissions. The officials of the Permanent Bureau must be of different nationalities. The Secretary General is assisted currently by three lawyers (one Deputy Secretary General, one First Secretary and one Secretary), as well as by a supportive staff of 8 people occupying 6 1/2 posts. The Permanent Bureau carries out the basic research required for any subject that the Conference takes up. It also maintains and develops contacts with the National Organs, experts and delegates of Member States and the Central Authorities designated by the States Parties to the Hague Conventions on judicial and administrative co-operation, as well as with international organisations and, increasingly, responds to requests for information from users of the Conventions (lawyers, notaries, officials, companies, journalists, private persons, etc.).
Between 1893 and 1904 the Conference adopted seven international Conventions, six of which have been subsequently replaced by more modern instruments. From 1951 to 1996 the Conference adopted 33 international Conventions. Until 1960 the Conventions were drafted only in French; since then they have been drawn up in French and English. Among the texts which have been the most widely ratified should be mentioned the Conventions on civil procedure, on service of process and on taking of evidence abroad, the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, the Convention on the Conflicts of Laws Relating to Testamentary Dispositions, the Conventions dealing with maintenance obligations, the Convention on the Recognition of Divorces and Legal Separations and the Conventions on the protection of minors, on the Civil Aspects of International Child Abduction, and on intercountry adoption. Some of the Hague Conventions deal with the determination of the applicable law, some with the conflict of jurisdictions, some with the recognition and enforcement of foreign judgments and some with administrative and judicial co-operation between authorities, and some combine one or more of these aspects of private international law.
The First Session of the Hague Conference on Private International Law was convened in 1893 by the Netherlands Government on the initiative of T.M.C. Asser (Nobel Peace Prize 1911). Prior to the Second World War, six Sessions were held (1893, 1894, 190 0, 1904, 1925 and 1928). The Seventh Session in 1951 marked the beginning of a new era by the preparation of a Statute which made the Conference a permanent intergovernmental organisation. The Statute entered into force on 15 July 1955. Since 1956, regular Plenary Sessions have been held every four years. In case of need, as occurred in 1966 and 1985, an Extraordinary Session may be held. The Plenary Sessions discuss and adopt the draft Conventions (and sometimes Recommendations) prepared by the Special Commissions and take decisions on the subjects to be included in the agenda for the Conference's work. All of the texts adopted are brought together in a Final Act which is signed by the delegations. Under the rules of procedure of the Plenary Sessions each Member State has one vote. Decisions are taken by a majority of the votes cast by the delegations of Member States which are present at the vote. Non-Member States invited to participate on an equal footing with Member States also have the right to vote. Under a tradition which has been followed since the First Session, the President elected for the Plenary Session has always been the leading Delegate of the Netherlands. The Seventeenth Session marked the Centenary of the Conference and was held from 10-29 May 1993. The Eighteenth Session held in October 1996 adopted the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children and decided to institute a Special Commission charged with drawing up a draft Convention on the protection of adults. It was decided to include in the agenda for the Nineteenth Session, to be held in the year 2000, the question of jurisdiction, and recognition and enforcement of foreign judgments in civil and commercial matters. One of the subjects retained in the agenda for the future work programme of the Conference is the question of the conflict of jurisdictions, applicable law and international judicial and administrative co-operation in respect of civil liability for environmental damage.
From time to time, Special Commissions are held at The Hague to monitor the practical operation of Hague Conventions, including the Hague Service and Evidence Conventions, the Hague Child Abduction Convention and the new Intercountry Adoption Convention.
Thereafter, for each State ratifying, accepting or approving it subsequently, or acceding to it, the Convention enters into force three months after the deposit of instruments of ratification, acceptance or approval or accession (cf. e.g. Art. 46 (2a) of the 1993 Adoption Convention).
Ratification involves the legal obligation for the ratifying State to apply the Convention. According to the Hague Conference's terminology, ratification is, in general, reserved for Member States exclusively. There are, however, some exceptions. These include the Convention of 22 December 1986 on the Law Applicable to Contracts for the International Sale of Goods, which is open for signature and ratification by all States with no distinction, and the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, which is open for signature and ratification by all States that have participated in the Seventeenth Session. Others States wishing to become a Party to a Hague Convention may accede. This, however, is only possible once the Convention has entered into force. The States that are already Parties to the Convention must in some cases accept this accession. This system of acceptance varies from one Convention to another: some Conventions provide for a system of tacit acceptance (if there is no opposition over a certain period of time; see e.g. Art. 58 (3) of the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children), whereas others require express acceptance by the States Parties to the Convention (see e.g. Art. 38 (4) of the 1980 Convention on the Civil Aspects of International Child Abduction). It should be noted that the Convention of 22 December 1986 on the Law Applicable to Contracts for the International Sale of Goods provides that every State (including Member States of the Conference) may accede to this Convention.
Yes. In principle, a State which was not a Member of the Conference during the Session in which the Convention has been adopted, can accede to this Convention. This, however, is only possible once the Convention has entered into force. The States that are already Parties to the Convention must in some cases accept this accession. This system of acceptance varies from one Convention to another: some Conventions provide for a system of tacit acceptance (if there is no opposition over a certain period of time; see e.g. Art. 58 (3) of the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children), whereas others require express acceptance by the States Parties to the Convention (see e.g. Art. 38 (4) of the 1980 Convention on the Civil Aspects of International Child Abduction). It should be noted that the Convention of 22 December 1986 on the Law Applicable to Contracts for the International Sale of Goods provides that every State (including Member States of the Conference) may accede to this Convention. According to the Hague Conference's terminology, ratification is, in general, reserved for Member States exclusively. There are, however, some exceptions. These include the Convention of 22 December 1986 on the Law Applicable to Contracts for the International Sale of Goods, which is open for signature and ratification by all States with no distinction, and the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, which is open for signature and ratification by all States that have participated in the Seventeenth Session. |
