Earlier this month (from 10 to 17 October 2023), the Eighth Meeting of the Special Commission on the Practical Operation of the 1980 Hague Child Abduction Convention and the 1996 Hague Child Protection Convention was held, both in person and videoconference, at the Peace Palace in The Hague, with the aim of reviewing and clarifying some issues on the practical operation of the two Conventions.
With regard to the 1980 Convention, questions on the processing of return applications, on the enforcement of return orders, on the request of rights of custody and access / contact, and on the application of the Art 13(1)(b) exception were discussed.
With regard to the 1996 Convention, the Special Commission discussed issues relating to jurisdiction – including change of habitual residence – the definition of “urgency” under Art 11, and the transfer of jurisdiction, as well as coordination of jurisdiction issues and direct judicial communications. It also provided guidance on the determination of parental responsibility and rights of custody, the recognition and enforcement of measures of protection and the placement or provision of care of the child in another Contracting Party under Arts 3(e) and 33.
The Special Commission adopted 103 Conclusions & Recommendations, which are available here.
On the two Conventions, the readers of RDIPP may refer to:
Costanza Honorati, 2020, No 4, 796 ff.; Federica Falconi, 2017, No 3, 662 ff.; Maria Caterina Baruffi, 2016, No 4, 975 ff.; Laura Carpaneto, 2014, No 4, 931 ff.; Costanza Honorati, 2013, No 1, 5 ff.; Laura Carpaneto, 2011, No 2, 361 ff.; Sara Tonolo, 2011, No 1, 81 ff.; Gloria Esteban de la Rosa, 1997, No 4, 849 ff.; Paolo Picone, 1996, No 4, 705 ff.; Gabriella Carella, 1994, No 4, 777 ff.
As usual, full details of the articles are available here.