The 1996 Hague convention on international child protection in the UK post-Brexit: focus on jurisdiction and recognition and enforcement

Abstract

ABSTRACT This article discusses the strength and weakness of the 1996 Hague Convention vis-à-vis the Brussels IIbis Regulation and its successor the Brussels IIter Regulation. It engages with relevant UK case-law to assess the application of the Convention in the UK, with the aim of encouraging uniformity in the application of the Convention across Contracting States. The focus of the article is on the topics of jurisdiction and recognition and enforcement. The article concludes that, overall, the Convention mechanism is fully capable of securing adequate cross-border child protection post-Brexit. Nevertheless, it might be too early to declare conclusively whether the disapplication of the Brussels regime in the area of parental responsibility and its replacement with the 1996 Hague Child Protection Convention in the UK has strengthened or weakened the protection of international families with links to the European Union post-Brexit, in particular with respect to recognition and enforcement. Regarding jurisdiction, the article expresses anticipation that the emerging UK case-law on Chapter II of the Convention will provide valuable guidance for the courts of other Contracting States, including UK’s former EU partners, with the view of harmonizing the application of the Convention across Contracting States. To facilitate exchange of good practice in a systematic manner, the article proposes that the Hague Conference establishes a database of case-law on the 1996 Convention.