12 February 2013

Protecting children in international legal disputes

picture is of Professor McEleavy

A renowned legal expert from the University of Dundee has been called upon by the UK Government's Ministry of Justice to provide advice on the protection of children in international legal disputes.

Peter McEleavy, Professor of International Family Law, was asked to write a practice guide for the Hague Convention on the Protection of Children, which the UK became party to in November 2012. The resulting 45-page guide, written for judges and lawyers, explains how the provisions of the Convention relate to existing domestic and European Union rules governing child protection.

The mobility of modern families means that legal disputes between parents, or the protection of children by the State, increasingly have an international dimension. The Convention seeks to establish a common set of legal rules as to where disputes concerning child protection should be litigated, what law should be applied in the adjudication of those disputes, when effect should be given to foreign court orders and, as to how and when States should work together to facilitate solutions for children in need of protection.

Professor McEleavy, who acted as an adviser to the United Kingdom government throughout the implementation of the Convention, says that globalisation means a growing number and range of international child protection cases are arising each year.

"The broad banner of international child protection covered in the Convention refers to disparate scenarios which we are seeing occur more and more," he said.

"Custody disputes, child abductions, and transnational contact issues are some of the legal problems we are dealing with as a result of a more mobile population. What we also see is parents trying to escape from social services by going to another country. The authorities in one country will have ordered state supervision out of concern for the welfare of a child and the Convention seeks to prevent the family from slipping through the cracks by moving on.

"In the case of a family moving to a different country and concerns being raised, which jurisdiction should take responsibility for the child- the host or home country? By establishing a global set of rules it makes it easier to deal with such scenarios, and protect the child, which is the most important thing.

"I was asked to write this guide to help judges, lawyers and other stakeholders to adjust to the new legislation. At the moment, it is impossible to say how many of these cases arise each year but establishing a global Convention will help us to gain a fuller picture of their scale."

In agreeing to adhere to the Hague Convention on the Protection of Children, the UK has joined a network currently comprising 38 other states, including Australia, the Russian Federation and most European countries. Professor McEleavy believes this number will continue to rise in future years in acknowledgment of the benefits that global legislation on the protection of children brings.

The Practice Guide has now been published on the website of the Ministry of Justice's International Child Abduction and Contact Unit.

For media enquiries contact:
Grant Hill
Press Officer
University of Dundee
Nethergate, Dundee, DD1 4HN
TEL: 01382 384768
E-MAIL: g.hill@dundee.ac.uk
MOBILE: 07854 953277