Scholarly record

INTERNATIONAL COOPERATION OF NATIONAL JUDGES TO ENHANCE THE IMPLEMENTATION OF THE 1980 CONVENTION ON THE CIVIL ASPECTS OF INTERNAL CHILD ABDUCTION AND THE 1996 CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND COOPERATION IN RESPECT

A. Abashidze, D. Gugunskiy, K. Keburia, A. Koneva, A. Solntsev

Abstract

The increasing mobility of families across borders has given rise to a growth in the number of cases in family courts with a connecting factor to a foreign country and thus has become part of judgesВ’ and courtsВ’ daily practice. The recent trend in private international family law shows a decline of nationality, as the traditional connecting factor, and an increased consideration of habitual residence. This change of trend has resulted in the increased application of the 1980 Convention on the Civil Aspects of International Child Abduction and the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. This article studies the international cooperation of national judges to enhance the implementation of these conventions. The International Hague Network of Judges (IHNJ) began 20 years ago with judges from China (Hong Kong SAR), New Zealand, the United Kingdom (England and Wales), and the USA. For the first time the idea to establish the IHNJ specializing in family disputes was recommended at the 1998 De Ruwenberg Seminar for Judges on the international protection of children. It was proposed that the competent authorities (e.g., court chairmen or any other appropriate officials according to concrete legal system) in different jurisdictions designate one or even more members of the judiciary to work as a channel of communication and connection with their national Central Authorities, with other judges within their domestic jurisdictions and with judges from other Contracting States, in regard to, primary as a minimum, of matters relevant to the 1980 Hague Convention. Today it is admitted that there is a wide variety of international instruments, both universal and regional, with respect to which direct judicial communications may act a part beyond the 1980 and 1996 Hague Conventions. Direct communications between judges have gained significant importance in the recent judicial practice, in particular in the field of international family law. This article takes as a starting point the substantive problems that judges face in their daily practice and goes on to discuss existing solutions.

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