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The Judges' Newsletter The Judges’ Newsletter on International Child Protection A publication of the Hague Volume XVII | Spring 2011 Conference on Private * International Law Special Focus Special Commission on the practical operation of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, June 2010 Case Comments and Perspectives > Abbott v. Abbott, Supreme Court of the United States of America The Judges’ Newsletter The Judges’ > Volume > Volume XVII | Spring 2011 Pour la version française, retourner la Lettre The Judges’ Newsletter on International Child Protection INTERNATIONAL BOARD OF The Judges’ Newsletter is published biannually by the Hague JUDICIAL ADVISERS Conference on Private International Law under the supervision of William Duncan, Deputy Secretary General, with the assistance H.E. Justice Antonio Boggiano; former President of the of Nicolas Sauvage, Legal Offi cer. This journal is written by and for judges with the aim of exchanging the information necessary Supreme Court of Argentina for effi cient judicial co-operation in the fi eld of international child protection. The Honourable Judge Peter Boshier; Principal Family We would like to thank Irène Rognier for her translations. Court Judge, New Zealand Contact details for the Permanent Bureau of the Hague Conference on Private International Law are as follows: The Honourable Judge Eberhard Carl, Judge at the Regional Superior Court at Frankfurt/Main, Germany Hague Conference on Private International Law Permanent Bureau Scheveningseweg 6 The Honourable Justice Jacques Chamberland; Court of 2517 KT The Hague Appeal of Quebec, Canada The Netherlands Tel: +31 (70) 363.3303 Fax: +31 (70) 360.4867 The Honourable Justice James Garbolino; former Presiding E-mail: [email protected] Judge of the Superior Court of California, United States [email protected] Website: http://www.hcch.net of America Copyright©2011 Hague Conference on Private International Law Ms Catherine Gaudet Bossard; Honouree Judge, former All rights reserved. Articles contained herein may be reproduced Conseiller to the Court of Appeal of Bourges, France for educational purposes. No part may, however, be reproduced for commercial purposes without the express written consent of the Permanent Bureau of the Hague Conference on Private The Honourable Mrs Justice Catherine McGuinness; International Law. former Judge of the Supreme Court of Ireland The Honourable Dr Katalin Murányi; Chairperson of the Civil College, Budapest, Hungary The Honourable Elisa Pérez-Vera; Constitutional Court of Spain The Honourable Judge Adel Omar Sherif; Deputy Chief Justice, Supreme Constitutional Court, Cairo, Egypt The Right Honourable Lord Justice Mathew Thorpe; Head of International Family Justice, England and Wales The Judges’ Newsletter The Judges’ Volume XVII Volume on International Child Protection 1 Table of contents Special Focus The Third Meeting of the Special Commission on the practical operation of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, 17-25 June 2010 Theme I | Report, by Jennifer DEGELING and Sandrine PÉPIT 2 Theme II | Conclusions and Recommendations 11 Theme III | List of Preliminary Documents 14 Case Comments and Perspectives • Abbott v. Abbott (2010), Supreme Court of the United States of America, Professor Barbara STARK 15 • The United States Supreme Court Rules in Its First Case Interpreting The 1980 Convention, The Honourable Justice James GARBOLINO 15 • Abbott v. Abbott (2010), Supreme Court of the United States of America, Professor Peter MCELEAVY 16 Judicial Communications • Refl ections regarding the operation of instruments for the international return of children – Strengths and weaknesses and challenges, Judge Graciela TAGLE 18 International Child Protection Conferences and Seminars • International Symposium on Child Abduction (Berlin), Chairman’s Statement (4 December 2009) 21 • Cross-Frontier Child Protection in the Southern and Eastern African Region: The Role of the Hague Children’s Conventions (22-25 February 2010) 22 • Washington International Judicial Conference on Cross-Border Family Relocation (23-25 March 2010) 25 • Nordic Baltic Seminar on International Child Abduction (10-11 June 2010) 27 • London Conference on International Child Abduction, Forced Marriage and Relocation (30 June – 2 July 2010) 27 • Morocco Judicial Seminar on Cross-Border Protection of Children and Families (13-15 December 2010) 31 • Training of Moroccan judges on the 1980 Hague Child Abduction Convention (15-17 December 2010) 34 • Inter-American Experts Meeting on International Child Abduction (23-25 February 2011) 35 Hague Conference update • The International Protection of Children - Launch of the Incadat Funding Campaign 36 • Upcoming Special Commission on the 1980 and 1996 Hague Conventions 37 • Developments regarding the Guides to Good Practice under the 1980 Hague Child Abduction Convention 37 • Latest developments in Latin America 38 39 Hague Children’s Conventions Status Newsletter Members of the International Hague Network of Judges 40 The Judges’ Personal Note 43 Volume XVII Volume 2 The Judges’ Newsletter * Special Focus * “Accreditation and Adoption Accredited Bodies: General Principles and Guide to Good Practice”, which the Special The Third Meeting of the Special Commission reviewed in detail over the course of one and Commission on the practical a half days. operation of the Hague Convention The agenda of the Special Commission followed a number of of 29 May 1993 on Protection specifi c themes which stimulated a detailed discussion on a range of current issues. The highlights of those discussions of Children and Co-operation in are mentioned in this Report. The Special Commission Respect of Intercountry Adoption, themes were: 17-25 June 2010 1. abduction, sale and traffi c in children in the context of intercountry adoption; 2. applying the safeguards of the Convention; Theme I: Report of the meeting 3. co-operation issues; 4. issues concerning Convention procedures; Jennifer DEGELING 5. learning from experience; Secretary of the Hague Conference on Private 6. draft Guide to Good Practice on Accreditation. international Law and The following members of the Permanent Bureau were Sandrine PÉPIT involved in the preparation of the Special Commission: Mr Legal Offi cer, Hague Conference on Private William Duncan (Deputy Secretary General), Ms Jennifer International Law Degeling (Secretary), Ms Laura Martínez-Mora (Adoption Programme Co-ordinator), Ms Trinidad Crespo Ruiz (Adoption Introduction Programme Consultant), Ms Sandrine Pépit (Legal Offi cer), Mr Stuart Hawkins (Administrative Assistant for the Adoption The Third Meeting of the Special Commission on the Programme), Ms Laura Molenaar (Head of Administration ad practical operation of the Hague Convention of 29 May 1993 on interim) and Mr Alexander Kunzelmann (Intern). Protection of Children and Co-operation in Respect of Intercountry Adoption (hereinafter the “1993 Hague Intercountry Adoption 1. Abduction, sale and traffi c in children in the context Convention”) took place from 17 to 25 June 2010 in The Hague. of adoption This was the largest meeting ever organised by the Hague Recalling that one of the objects of the 1993 Hague Intercountry Conference on Private International Law, with over 250 experts Adoption Convention2 is to prevent the abduction, sale and from 86 countries and 13 international and non-governmental traffi c in children, the Special Commission meeting of June organisations attending. As is customary, invitations were 2010 provided the opportunity for a full day of presentations sent to the Member States of the Hague Conference, to States and discussions to consider the extent of the problem at Parties to the 1993 Hague Intercountry Adoption Convention the present time. This special day was made possible by a and to non-Member States that participated in the negotiation generous grant from the Government of Australia. of the Convention, but also to certain non-Member States that have demonstrated a keen interest in the Convention. Of the A global perspective of the issues was given by Professor David 86 States represented at the Special Commission, 66 were Smolin. An African perspective was given by Dr Ben Mezmur. Parties to the 1993 Hague Intercountry Adoption Convention A documentary fi lm entitled “Paper Orphans” was introduced (19 of which were not Members of the Hague Conference), by Joseph Aguettant of the Terre des hommes Nepal offi ce. and seven were Members of the Hague Conference but not The International Social Service presented fi ndings of their Parties to the Convention. A further 13 States that were research on the grey areas of intercountry adoption.3 neither Members of the Hague Conference nor Parties to the Convention were represented as Observers. Twenty Each of these presentations made clear that the illicit States in total (11 Contracting and nine non-Contracting) procurement of children for intercountry adoption is not and four organisations (two intergovernmental and two non- uncommon. This view contrasts with the offi cial information governmental) participated for the fi rst time in the Special from most States that there is no abduction, sale or traffi c in Commission. Ms Marie Riendeau (Canada) was elected Chair children in the context of adoption or that cases are very rare. Newsletter of the Special Commission along with fi ve Vice-Chairs: Mr The tendency of many receiving States
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