Hague Convention:

The Hague Conventions refer to a number of conventions which are an extensive source of International Law. There are multiple Hague Conventions such as those that revolve around war, international drugs, evidence, aircraft, foreign Judgments in Civil and Commercial matters, civil aspects of international child abduction, trusts and on their recognition, protection of children and co-operation in respect of inter-country adoption and international securities transactions. Many countries have signed this treaty and ratified the rules within the Hague Convention into their own domestic laws. Most recently the Hague Convention on Parental Responsibility and Protection of Children was enacted in 1996 and covers civil measures of protection concerning children, including matters such as Orders concerning parental responsibility and contact, public measures of protection or care, as well as matters relating to the protection of children's property. The Convention first came into force 1 January 2002 and currently has many contracting countries including Australia. A skilled Family Lawyer could be useful in assisting you to understand if and how the Hague Convention may apply to your family law matter.

The Convention has uniform rules determining which country has jurisdiction and responsibility for the care of certain children. The Convention determines which country's laws are applicable and take precedence; and it provides for collaboration and recognition of other States. The co-operation provisions of the Convention provide the mechanism for information exchange and co-operation between different countries. The convention recognises that Orders concerning children's property and welfare should be made in the state where the child is habitually resident, with the exception of parental responsibility and contact.  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. A qualified Family Lawyer may be able to assist you throughout any Family Law matter that is affected by or is caught within the ambit of the convention.

The Hague Convention also extends to cover unaccompanied minors and Cross-frontier placements of children.

Professional legal advice in this area of law may be necessary to ensure that you thoroughly understand the implications of this area of the law.

If you need further legal advice on your international family law matter, you may book an appointment with us by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

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