David Williams QC provides an introduction to the 1996 Hague Convention
The Hague Convention on Parental Responsibility and Protection of Children (1996 Hague Convention) came into effect on 1 November 2012 after a very long gestation period. Its entry into force represents another step towards a common approach in the international family law community on issues such as jurisdiction, reciprocal enforcement and co-operation. Like its half-sibling, EC Regulation 2201/2003 (BIIR), with which it shares much of its genetic make-up, it covers public and private law cases, abduction situations and placement of children abroad. Although much of its content is already covered in the EU by BIIR there are significant members of the international legal community outside the EU who are now covered and in some narrow areas the 1996 Hague Convention covers issues that BIIR does not.
Origins
The 1996 Hague Convention, is the third in a line of Conventions set up with the same fundamental purpose of ensuring the protection of children in international situations. It replaces the 1961 Convention which gave rise to problems in respect of the foundation of jurisdiction, in particular
