A Practical Guide to the 1996 Hague Child Protection Convention in Public Law Children Proceedings

The 1996 Hague Convention in public law children cases is a practical guide for legal practitioners navigating international child protection cases. Often overshadowed by its better-known counterpart, the 1980 Hague Convention, the 1996 Hague Convention is a powerful yet underutilized instrument in public law proceedings. As such, this guide highlights how the 1996 Hague Convention operates at the intersection of public law and private international law. This book sheds light on its provisions, offering essential insights into jurisdiction, applicable law, recognition, and enforcement. Designed for barristers, solicitors, judges, and professionals working in child protection, this book provides a structured approach to applying the Convention in real-world cases. It examines key jurisdictional principles, such as habitual residence and the transfer of proceedings, while also addressing recognition and enforcement challenges. Special attention is given to the placement of children abroad, alternative care mechanisms, and the role of the guardian in ensuring the child’s voice is heard. With a focus on case law from multiple jurisdictions, practical guidance from HCCH documentation, and procedural considerations, this book serves as an invaluable tool for those seeking to effectively apply the 1996 Hague Convention. Whether experienced or new to international child law, practitioners will find this an accessible resource for navigating the field of Convention cases.

ABOUT THE AUTHOR

Dr. Onyója Momoh is an international family law expert specializing with in-depth knowledge of the work of the HCCH children’s conventions. She was called to the Bar in 2010 (Gray’s Inn) and practices exclusively in family law. Shortlisted for Rising Star – Barrister/Advocate of the Year at the Women in Law Awards 2020, she has been consistently recognized as a leading junior in children law by the Legal 500 UK since 2017. Onyója undertook her LLM, Ph.D., and EU-funded post-doctoral research all in the area of international child abduction, and also specializes in cases involving international child protection and intercountry adoption. She appears at all levels of the Family Court and the Court of Appeal and receives instructions to provide expert advice in proceedings in the UK and abroad.

Alongside her practice, she lectures private international law (family law) at the University of Aberdeen, serves on affiliated non-profit boards, and is widely published in the area. She also delivers training, lectures, and presentations globally. In recent years, Onyója has been involved in high-level advisory and advocacy work with Government ministries (particularly in Nigeria and sub-Saharan Africa), the judiciary, and charities. She has also been invited as an expert to present at forums such as the Hague Conference on Private International Law, the European Commission, and the UK House of Lords Justice and Home Affairs Committee.

CONTENTS

Chapter One: Introduction
Chapter Two: The 1996 Hague Convention
Chapter Three: Jurisdiction
Chapter Four: Applicable Law
Chapter Five: Recognition and Enforcement
Chapter Six: Practical Effects of 1996 Hague Convention Orders
Chapter Seven: Alterative Care Abroad
Chapter Eight: Protective Measures in Child Abduction Cases
Chapter Nine: The Placement of Children Abroad Under the Auspices of: Special Guardianship Orders, Child Arrangements Orders, Orders Conferring or Limiting Parental Responsibility, Other Public Law Orders
Chapter Ten: Unaccompanied Minors
Chapter Eleven: Guidance and Collaboration
Chapter Twelve: Conclusion