New international family law convention proposed

Hague Convention

Legal experts have proposed a new Hague Convention on the cross-border enforcement of family law agreements.

If created, the new international treaty would join the three existing Hague Conventions on family law matters – the 1980 Convention on the Civil Aspects of International Child Abduction; the 1996 Convention on Parental Responsibility and Protection of Children; and the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

Hague Conventions derive their name from the Dutch city of Den Haag (The Hague), where the first was signed as long ago as 1899. Since 1951 38 Conventions on different aspects of “private international law” have been created.

An expert’s group had been drawn together to explore issues surrounding the enforcement in participating countries of legal orders and agreements concerning children made in other participating states. Following their investigations they proposed the creation of the brand new Convention to facilitate this process and add value to the three earlier family law Hague Conventions.

A situation in which a family order made in one country is generally recognised and enforced in other nations was in the best interests of children they declared.

The three existing family law Conventions do not address longer term family arrangements – for example, child maintenance or contact, or other financial issues, including property. If created, the new Convention would provide an efficient and simple method for cross-border enforcement of such matters.

Photo of The Hague by Steven Lek via Wikipedia under a Creative Commons licence

Stowe Family Law Web Team

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4 comments

Paul - July 16, 2017 at 10:49am

How awful. So instead of rebuilding and making our family law system better, Making it work, we are finding ways to export the mess we have all over Europe. We will be killing fathers all over Europe. If their was ever a confirmation that our words mean nothing and fall on def ears. Here it is.

Elena - July 18, 2017 at 8:03pm

I had a foreign divorce and I can say that my court order (only child support and access) is not enforceable in the UK or anywhere in the world: he continuously flouts the court order and I can’t do anything.

So may be this new Convention if created would solve problems that are encountered by parents who have foreign divorce court order.

laila - July 19, 2017 at 6:51pm

When will it be enforced or implemented? Will it stop parental abduction whereby parents who have been separated or divorced one of them tries to flee with a child to another country without informing the other parent?

Cameron Paterson - July 19, 2017 at 7:12pm

Hello – there is already a convention for that purpose: the Hague Convention on the Civil Aspects of International Child Abduction. Search for that name on this blog and you will find lots of explanatory material

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