Guides to Good Practice

by | May 31, 2022

Guides to Good Practice

The Hague Conference on Private International Law (HCCH) publishes Guides to good practice.
You can find them on the HCCH website.

These publications are more particularly aimed at the authorities of the Members of the HCCH and Contracting States who are charged with applying the Conventions, but can also be a useful source of information lawyers.

Part I – Central Authority Practice, 2003
This describes a.o. the role of the Central Authorities in abductions applications and acces applications, and how the Central Authorities should function.

Part II – Implementing Measures, 2003
This guide describes a.o. the path to signature and ratification or accession, methods of implementation, suggestions for implementing legislation and suggestions for facilitating acceptance of accessions.

Part III – Preventive Measures, 2005

This part describes a.o. suggestions for proactive measures and reactive measures and the provision and dissemination of relevant information, which includes reasing awareness about proactive and reactive measures.

Part IV – Enforcement, 2010
This guide describes a.o. the legal challences against return order or their enforcement, the enforcement procedure, the promotion of voluntary compliance, the co-operation among courts and authorities and cross-border co-operation to ensure a safe return.

Part V – Mediation, 2012
This guide covers a.o.:
– The general importance of promoting agreements in cross-border family disputes
over custody and contact
– The use of mediation in the framework of the 1980 Hague Child Abduction Convention –
An overview of specific challenges
– Specialised training for mediation in international child abduction cases /
Safeguarding the quality of mediation
– Access to mediation
– Scope of mediation in international child abduction cases
– Mediation principles / models / methods
– Involvement of the child
– Possible involvement of third persons
– Arranging for contact between the left-behind parent and child during the mediation process
– Mediation and accusations of domestic violence
– The terms of the mediated agreement – Reality check
– Rendering the agreement legally binding and enforceable
– Issues of jurisdiction and applicable law rules
– The use of mediation to prevent child abductions
– Other processes to bring about agreed solutions
– The use of mediation and similar processes to bring about an agreed resolution
in non-Hague Convention cases

Part VI – Article 13(1)(b) : Grave risk exception, 2020
This guide deals with a.o.:
– understanding the grave risk exception (three types of Grave risk, level of grave risk, ‘forward-looking’ grave risk exception)
– procedural and evidentiary rules (burden of proof)
– examples of assertions that can be raised under article 13(1)(b)
– case management practices (early identification of the relevant issues, participation of the child)

 

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