Thursday, April 19, 2012
Greece Joins the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children
Greece deposited its instrument of ratification of the Hague 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, becoming the 34th Contracting State. The instrument of ratification was accompanied by a declaration and the designation of a Central Authority for Greece. The 1996 Child Protection Convention will enter into force for Greece on June 1, 2012.
The 1996 Child Protection Convention goes beyond what the 1980 Child Abduction Convention could do. The 1996 Child Protection Convention: (1) establishes mandatory standards of jurisdiction, recognition, and enforcement; (2) requires enforcement of access orders and provides a mechanism to exchange information and evidence on access; (3) denies jurisdiction in the event of a wrongful removal; and (4) provides constructive alternatives to non-return and to the largely futile or destructive imposition of conditions for return of a child. See Folger DeHart, The Relationship Between the 1980 Child Abduction Convention and the 1996 Child Protection Convention, 33 N.Y.U. J. Int'l L. & Pol. 83, 90 (2000); Russell J. Weintraub, International Litigation and Arbitration 581 (6th ed. 2011).
The 1996 Convention applies to children from the moment of their birth until they reach the age of 18 years.