1996 Hague Convention—general principles

The following Family practice note provides comprehensive and up to date legal information covering:

  • 1996 Hague Convention—general principles
  • Background and application
  • Contracting states
  • Comparison with Brussels II bis and the 1980 Hague Convention
  • Structure of the 1996 Hague Convention
  • Purpose of the 1996 Hague Convention
  • Applicable law
  • Parental responsibility
  • Jurisdiction
  • Transfers between contracting states

1996 Hague Convention—general principles

This Practice Note deals with matters relating to jurisdiction, applicable law, transfers between contracting states and parental responsibility under the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) which came into force in the UK on 1 November 2012.

The Hague Conference on Private International Law (HCCH) has published a Practical Handbook on the Operation of the 1996 Child Protection Convention and an Explanatory Report on the 1996 Hague Convention (the Lagarde Report).

As of 31 January 2020 (exit day), the UK ceased to be an EU Member State, no longer participating in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided for in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period (from 11 pm on exit day until 11 pm on 31 December 2020 (implementation period (IP) completion day) during which the UK and EU agreed that the UK be treated as a Member State for the purposes of international agreements, including the 1996 Hague Convention. In terms of legal impact, IP completion day is the date that the majority of key legal changes associated with Brexit took effect. From IP completion day, Council Regulation

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