HCCH Update (11 March 2024): CGAP Conclusions and Decisions Posted
The Hague Conference on Private International Law hosted the annual meeting of its governing body, the Council on General Affairs and Policy (CGAP), from March 5 - 8, 2024, to discuss the organization’s ongoing projects and to direct its future work. There were several family law matters on the agenda. The final Conclusions and Decisions can be found here. The relevant family law discussions included:
Parentage/Surrogacy: The Working Group on PIL matters related to legal parentage provided a report to CGAP. CGAP invited the Permanent Bureau (PB) to convene two additional meetings within the FY 2024-2025, preferably in person with intersessional work online, to report to CGAP 2025 on developing provisions for a draft instrument.
Abduction & Child Protection Conventions: CGAP endorsed the Conclusions & Recommendations that came from the 8th Special Commission meeting in October 2023. CGAP approved of/mandated the PB to finalize certain documents and forms that came from the 8th Special Commission, including: a Model Request for Return form; a Model Access form; the 1996 Country Profile; a Model form for Cooperation Request under the 1996 Convention; a Model form on the application of Article 33 of the 1996 Convention; a questionnaire to Contracting Parties to the 1996 on their use of Articles 8 and 9; a document for Contracting Parties to the 1980 with information on the use of Articles 8, 14, and 15; and, a questionnaire for Contracting Parties to the 1980 and 1996 Conventions on procedures for the lawful international relocation of families.
Malta Process: CGAP endorsed the resumption of the Working Party on Mediation in the Malta Process. The Malta Process will hold a fifth conference on cross-frontier child protection and family law in Valetta from September 24-27, 2024.
Article 13(b) of the Abduction Convention and Domestic Violence: CGAP welcomed a forum on domestic violence and Article 13(b) of the 1980, to take place in Sandton, South Africa from June 18-21, 2024. Passive online participation will be ensured, but in-person participation is encouraged.
Adoption Convention: CGAP confirmed and welcomed the publication of a Toolkit for Preventing and Addressing Illicit Practices in Intercountry Adoption. CGAP also invited the PB to convene at least 2 further meetings of the Working Group on the Financial Aspects of Intercountry Adoption before CGAP 2025.
Unaccompanied and Separated Children: CGAP noted some suggested additions to a document titled “The Application of the 1996 Child Protection Convention to Unaccompanied and Separated Children - Updates” and invited the PB to convene informal meetings as soon as possible to discuss and finalize the document.
Child Support Convention: CGAP noted the meeting of an Experts Group on the international transfer of maintenance funds, and further noted the EG would meet again in early 2025 and then report to CGAP 2025. CGAP mandated the PB to circulate a questionnaire to Members to identify topics to be addressed at upcoming meetings of the EG. CGAP further noted the first official exchange of data using iSupport between Germany and Sweden.
International Hague Network of Judges: CGAP welcomed a regional in-person meeting of the IHNJ to be held in Rio de Janeiro, Brazil from May 15-17, 2024. The global meeting of the IHNJ is tentatively scheduled for May 2025 in Singapore.
INCADAT: CGAP urged Members to make voluntary contributions to the maintenance and operation of INCADAT and to designate a national INCADAT correspondent.
Evidence Convention, Service Convention: CGAP welcomed preparations for a Special Commission Meeting from July 2-5, 2024. CGAP also approved of the establishment of two Working Groups to review and refine updates to the Handbooks and Country Profiles for the Service and Evidence Conventions.
Apostille Convention: CGAP encouraged translations of the Apostille Handbook. It also welcomed the announcement of the 13th International Forum on the e-APP, to be held in Kaazakhstan.
