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Article Title: Child Abuse Protection: The Hague Convention
Author: Amanda King
Category: Family, Social Issues, Sociology
Word Count: 544
Keywords: international child protection, child protection, child abuse 
protection
Author's Email Address: [email protected]
Article Source: http://www.articlemarketer.com
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The international convention for child protection is the Hague Convention on 
Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in 
Respect of Parental Responsibility and Measures for the Protection of Children 
1996.  This is a broad convention covering a range of civil measures set to 
protect the interests of children. Australia is a signatory to this convention. 

The Hague Convention covers parental responsibility and public measures dealing 
with the protection and care of children.  It also includes the protection of 
children's property.  This Convention had a slow pick up from member countries 
but has been increasing in its acceptance. It has provided a foundation for 
future international development in the area of child protection as more 
countries become signatories.

The primary concern or purpose of the convention is to make the arrangements of 
child protection more efficient with in a country so that matters of importance 
in protecting children is not caught up in red tape.  By following the 
guidelines of the convention it is hoped that delays and misunderstandings 
between authorities can be reduced. It also endeavours to eliminate competition 
between authorities of relevant states for the better protection of children 
and their property.  

The Convention abduction policy is that with limited exceptions the courts of 
the child's normal country of residence retains the right over parental 
responsibility issues and facilitates the recognition and enforcement of 
foreign contact orders.  The legislation of a country with this in mind 
endeavours to clarify issues in jurisdiction conflict between courts of 
different countries attempting to protect the interests of children.  This 
approach attempts to overcome a very difficult area of law with countries 
providing conflicting parenting orders with respect to the same child or 
children.

Members of the Hague Convention affirm that the primary consideration of 
decision is to be the best interest of the relevant child and endorses the 
United Nations Convention on the Rights of the Child.  An area in which the 
Convention can be serviceable to signatory countries is in relation to the 
issue of habitual residence.  If a child lives with a parent in a country on a 
recognizably permanent basis but is taken away by a second parent to another 
country, the second parent can not legitimately make application for custody of 
the child in the second country. 

If an application is made by the country of origin the second country is 
disabled from making permanent orders.  If the country of origin makes a 
legitimate request for the protection of the child or children the second 
country needs to take appropriate measures to protect the child.  Of course 
both countries need to be signatories to the Convention to be effective.  In 
the case of the first parent making an application under the Hague Child 
Abduction Convention the child would normally returned to the country of 
origin.  If the second parent objects an application needs to made to the 
relevant authority in the country of origin, for example in Australia it is the 
Family Court.  

In the case of a second country objecting to the return the decision of the 
Family Court would be final but in making the order the objections of the 
second country would be taken under advisement.

Amanda King is an affiliate marketer who provides opportunities to access the 
best available fun games online at http://www.fun-games-online.com.au  She is 
also interested in welfare issues and is developing a website 
http://www.case-worker.com.au
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