Hague Convention Questionnaire.pdf

Recent Developments

No significant changes in legislation or procedural rules regarding international child abduction since the 2011/2012 Special Commission.
Relevant case law has developed on the interpretation of "habitual residence" under Article 3 and 4 of the 1980 Convention, with courts considering factors such as duration, frequency, and social integration.
The German legislation implementing the 1980 Convention, the International Family Law Procedure Act (IFLPA), has been the subject of court decisions on procedural matters, including time limits for appeal.

Issues of Compliance

Challenges in achieving successful cooperation with some States Parties, including delays in return proceedings, multiple stages of appeal, and lack of swift enforcement procedures.
These problems appear to be systemic and may be due to a lack of coherent implementing legislation and acceptance of the 1980 Convention's ideas and aims among judges and institutions in some countries.

The Role and Functions of Central Authorities

Effective communication and cooperation with other Central Authorities, although some replies may be delayed due to the means of communication employed.
The use of collective email addresses can facilitate communication and avoid difficulties in determining the right contact person.

Other Significant Developments

The revision of the Brussels II bis Regulation has been a significant development, although its impact on international child abduction cases cannot be assessed yet.
* The application practice of the 1980 Convention cannot be assessed without consideration of the Brussels II bis Regulation and its provisions on international child abduction.