concentration of jurisdiction under the 1980 child abduction

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CONCENTRATION OF JURISDICTION UNDER
THE 1980 CHILD ABDUCTION CONVENTION
Second Meeting of the Mexican Network of Judicial
Co-operation for the Protection of Children
Training in International Child Abduction
Maja Groff, Legal Officer, HccH
Mexico, 21-22 February 2011
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Legal Systems in which jurisdiction to hear
return application has been concentrated in
a relatively small number of courts / judges
Australia
France
Cyprus
Germany
Czech
Republic
Ireland
England and
Wales
Netherlands
Nicaragua
Northern
Ireland
Romania
Sweden
Switzerland
2
Germany
Population: 80 million
• 80 incoming return applications (2003)
• 18 incoming access applications (2003)
• Before concentration: more than 600 courts
• After concentration: 26 courts (one court per
lander)
26 courts = 30 judges
Result: Martina Erb-Klünemann (member of the
IHJN) heard more than 50 child abduction cases in
her career
3
United Kingdom
Population: 60 million
• 142 incoming return applications (2003)
• 17 incoming access applications (2003)
• Before concentration: more than 100 judges
• After concentration: 3 courts (England & Wales,
Scotland, Northern Ireland)
3 courts = about 26 judges
Result: Mathew Thorpe (member of the IHJN)
heard more than 50 child abduction cases in her
career
4
Mexico
Population: 111 million
• 27 incoming return applications (2003)
• 0 incoming access applications (2003)
• Before concentration: ???
• After concentration: 31 state courts + 1 Federal
District Court
32 courts = ?? judges
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Benefits of Concentration
Specialisation
• More cases = more experience
Core task
• Dealing with child abduction cases becomes the
core part of the work (priority)
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Identifying cases for INCADAT from your State
Reading INCADAT cases
Contributing to the Judges Newsletter
Reading latest articles and making summaries
Attending conferences and circulating information
Providing training
Becoming a resource person
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Information
Secretariat at the Permanent Bureau of the
Hague Conference on Private International Law
Scheveningseweg 6
2517 KT The Hague
The Netherlands
Tel: +31 (70) 363 3303 or Fax: +31 (70) 360 4867
e-mail: secretariat@hcch.net
http://www.hcch.net
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