International Child Protection

The international convention for child protection is the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children 1996. This is a broad convention covering a range of civil measures set to protect the interests of children. Australia is a signatory to this convention.

The Hague Convention covers parental responsibility and public measures dealing with the protection and care of children. It also includes the protection of children's property. This Convention had a slow pick up from member countries but has been increasing in its acceptance. It has provided a foundation for future international development in the area of child protection as more countries become signatories.

The primary concern or purpose of the convention is to make the arrangements of child protection more efficient with in a country so that matters of importance in protecting children is not caught up in red tape. By following the guidelines of the convention it is hoped that delays and misunderstandings between authorities can be reduced. It also endeavours to eliminate competition between authorities of relevant states for the better protection of children and their property.

The Convention abduction policy is that with limited exceptions the courts of the child's normal country of residence retains the right over parental responsibility issues and facilitates the recognition and enforcement of foreign contact orders. The legislation of a country with this in mind endeavours to clarify issues in jurisdiction conflict between courts of different countries attempting to protect the interests of children. This approach attempts to overcome a very difficult area of law with countries providing conflicting parenting orders with respect to the same child or children.

Members of the Hague Convention affirm that the primary consideration of decision is to be the best interest of the relevant child and endorses the United Nations Convention on the Rights of the Child. An area in which the Convention can be serviceable to signatory countries is in relation to the issue of habitual residence. If a child lives with a parent in a country on a recognizably permanent basis but is taken away by a second parent to another country, the second parent can not legitimately make application for custody of the child in the second country.

If an application is made by the country of origin the second country is disabled from making permanent orders. If the country of origin makes a legitimate request for the protection of the child or children the second country needs to take appropriate measures to protect the child. Of course both countries need to be signatories to the Convention to be effective. In the case of the first parent making an application under the Hague Child Abduction Convention the child would normally returned to the country of origin. If the second parent objects an application needs to made to the relevant authority in the country of origin, for example in Australia it is the Family Court.

In the case of a second country objecting to the return the decision of the Family Court would be final but in making the order the objections of the second country would be taken under advisement.

 
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