International Social Service (ISS) Australia has undertaken research into the 1996 Hague Convention[1], in particular its potential application to the inter-country casework of ISS Australia involving children. This research report is part of a project funded by the Ian Potter Foundation, "Boosting Outcomes for Australian Children Using International Laws." [2]

The 1996 Hague Convention is a multi-lateral treaty developed by the Hague Conference on Private International Law to improve the protection of children in international situations.  It does this by building a structure for effective international co-operation in child protection matters through a network of Central Authorities at the State and Commonwealth level.

The Convention determines which country's authorities have jurisdiction to take measures to protect children across international borders, clarifies which are the applicable laws, and enables recognition and enforcement of protection measures in all Contracting States.

Currently only 15 countries, including Australia, have ratified the Convention and to date there have been no Australian cases under the Convention.  However, once more countries ratify the Convention, it is expected that the Convention will start operating, with significant changes in the way international cases involving child protection and parental responsibility are dealt with. 

This project has enabled ISS Australia to deepen its own understanding of the 1996 Hague Convention, positioning us as the leading non-government organisation in Australia with expertise on the Convention. We have also developed more effective service delivery systems for responding to inter-country cases involving children and have identified key aspects of the Convention that could be applied to improve outcomes for children.

[2] For full details of the project, Click here.