1. The Hague Convention On the Civil Aspects of International Child Abduction

2. Purpose To protect children internationally from the harmful effects of their wrongful removal or retention To protect children internationally from the harmful effects of their wrongful removal or retention To deter persons from committing international abductions To deter persons from committing international abductions To provide a prompt remedy for the return of abducted children To provide a prompt remedy for the return of abducted children

3. Summary: Case in chief The Hague Convention provides for the: -Prompt return between -Signatory nations -Of a child under 16 years of age -Who has been wrongfully removed from -His/her habitual residence -In violation of custodial rights

4. Defenses Consent or acquiescence Consent or acquiescence Delay of more than 1 year Delay of more than 1 year Custody rights were not being exercised Custody rights were not being exercised Return would expose the child to a grave risk of physical or psychological harm or otherwise place the child in an intolerable situation Return would expose the child to a grave risk of physical or psychological harm or otherwise place the child in an intolerable situation Return would not be permitted by the fundamental principles of the requested state relating to the protection of human rights and fundamental freedoms. Return would not be permitted by the fundamental principles of the requested state relating to the protection of human rights and fundamental freedoms.

5. Defenses to be Narrowly Construed May also refuse to order return upon finding that a child objects if the child has attained an appropriate age and degree of maturity The defenses are to be narrowly construed to facilitate the goals of the convention.

6. Limitation on Custody Determinations The convention prohibits courts in the country to which the child was wrongfully removed from engaging in custody determinations until it is decided the child will not be returned, or the time for lodging an application has passed.

7. Proceedings Must Be Expedited Expedited – decision within 6 weeks Expedited – decision within 6 weeks Article 11- C.A. or applicant request for written explanation if no timely decision Article 11- C.A. or applicant request for written explanation if no timely decision

8. Foreign law Article 15 of the convention provides that a Court may request the petitioning party to get a determination from the habitual; residence that the removal was wrongful; Article 15 of the convention provides that a Court may request the petitioning party to get a determination from the habitual; residence that the removal was wrongful; Article 14 empowers the Court of the requested State to take notice directly of the laws and decisions in the State of the child’s habitual residence. Article 14 empowers the Court of the requested State to take notice directly of the laws and decisions in the State of the child’s habitual residence.

9. Admissibility of Evidence Art. 30- Application submitted to CA or petition submitted to judicial authorities of contracting state and documents or information appended thereto are admissible. Art. 30- Application submitted to CA or petition submitted to judicial authorities of contracting state and documents or information appended thereto are admissible. Art. 23-No legalization or similar formalities may be required Art. 23-No legalization or similar formalities may be required

10. Central Authorities Key to the implementation of the Convention has been Central Authorities in every member state, tasked with cooperating with each other: to ensure the prompt return of wrongly removed and retained children, and to ensure the prompt return of wrongly removed and retained children, and to achieve the goals of the convention directly or through intermediaries. to achieve the goals of the convention directly or through intermediaries.

11. Central Authorities' mandate Discover the whereabouts of wrongfully removed or detained children Discover the whereabouts of wrongfully removed or detained children Prevent harm to the child or prejudice to the harmed party with provisional measures Prevent harm to the child or prejudice to the harmed party with provisional measures Facilitate the voluntary return of the child or other amicable resolution Facilitate the voluntary return of the child or other amicable resolution Provide general info re law of their state and social background of the child Provide general info re law of their state and social background of the child Help facilitate judicial or administrative proceedings Help facilitate judicial or administrative proceedings

12. Judicial network The Hague permanent bureau has also created a network of judges who will advise other judges regarding the convention and assist with communication with foreign counterparts. The Hague permanent bureau has also created a network of judges who will advise other judges regarding the convention and assist with communication with foreign counterparts.

13. Network Judges ** Justice Margaret PRICE-FINDLAY, Resident High Court Judge, Eastern Caribbean Supreme Court, St. Georges, Grenada ** The Honourable Madam Justice Allyson RAMKERRYSINGH, Family Court of Trinidad and Tobago **Judge Norma WADE-MILLER, Puisne Judge, Supreme Court of Bermuda **The Honourable Justice Richard WILLIAMS, Family Law Division of the Grand Court, Grand Cayman

14. Non-Hague cases Being a signatory state helps not only in Hague cases, but in many contentious custody cases with an international parent when there's been no wrongful removal. Being a signatory state helps not only in Hague cases, but in many contentious custody cases with an international parent when there's been no wrongful removal. The local parent often asks that the international parent be restricted from taking the parties' child abroad alleging they will not return. If the international parent's home is a member of the Convention, an order can be crafted that allows travel, with appropriate Hague language providing for the child's return. The local parent often asks that the international parent be restricted from taking the parties' child abroad alleging they will not return. If the international parent's home is a member of the Convention, an order can be crafted that allows travel, with appropriate Hague language providing for the child's return.

15. Grand Cayman Protects the Child Without the Convention, we would have no clear mutually agreed upon process to prevent the child from being subjected to a damaging and often furtive tug of war. And thus the custody order would likely be more restrictive. Without the Convention, we would have no clear mutually agreed upon process to prevent the child from being subjected to a damaging and often furtive tug of war. And thus the custody order would likely be more restrictive. Allows more flexibility in crafting custody order when each parent's country is a signatory. Allows more flexibility in crafting custody order when each parent's country is a signatory. Not a custody order. Not a custody order.

16. Thank you! Gracias! Merci!

17. WEBSITES/ CONTACT WEBSITES/ CONTACT Hague Conference website: http://www.hcch.net Hague Conference website: http://www.hcch.net http://www.hcch.net https://www.hcch.net/en/instruments/con ventions/specialised-sections/child- abduction https://www.hcch.net/en/instruments/con ventions/specialised-sections/child- abduction https://www.hcch.net/en/instruments/con ventions/specialised-sections/child- abduction https://www.hcch.net/en/instruments/con ventions/specialised-sections/child- abduction Chserrette@co.pg.md.us Chserrette@co.pg.md.us