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Italy: Parliamentary Investigation Commission Established to Review Protection of Minors in Care

(Sept. 18, 2020) Law No. 107 of July 29, 2020, a new law creating a Parliamentary Investigative Commission to investigate the activities of family-type communities providing care for minors, entered into effect in Italy on September 12, 2020. Mandate of the Commission The role of the Commission is to investigate the current situation of minors […]

Mexico: Supreme Court Declares Automatic Child Custody Provision Unconstitutional

(Dec. 18, 2019) On November 21, 2019, the First Chamber of the Supreme Court of Mexico declared unconstitutional a controversial provision of the Civil Code of Mexico City that gives mothers automatic preferential provisional custody of their children under 12 years of age in divorce proceedings. The Court determined that article 282(B)(II), third paragraph of […]

Germany / European Court of Human Rights: Caning of Children Justifies Withdrawal of Parental Authority

(Apr. 19, 2018) On March 22, 2018, the European Court of Human Rights (ECtHR) unanimously held in the cases of Tlapak and Others v. Germany and Wetjen and Others v. Germany that the withdrawal of the applicants’ parental authority did not violate article 8 of the European Convention on Human Rights (ECHR), which grants the […]

Israel: Landmark Decision on Child Support

(Aug. 3, 2017) On July 19, 2017, Israel’s Supreme Court, in an extended panel of seven justices, unanimously accepted appeals against decisions rendered by the district courts of Central-Lod and of Haifa to the effect that the responsibility for child support for children 6 to15 years of age who were under the shared custody of […]

India: Decision Not to Sign Hague Treaty on Child Abduction

(Jan. 23, 2017) In a decision made by the Women and Child Development (WCD) Minister, Maneka Gandhi, and agreed to by the Ministry of External Affairs, the government of India has decided not to ratify the Hague Convention on Child Abduction. (Shalini Nair, India Will Not Ink Hague Treaty on Civil Aspects of Child Abduction, […]

Bolivia: 1980 Hague Child Abduction Convention Signed

(Sept. 19, 2016) On January 21, 2016, Bolivia passed Law 778 ratifying the Hague Convention on the Civil Aspects of International Child Abduction (HCCH). (Law 778 of January 21, 2016, Bolivian Senate website; Convention on the Civil Aspects of International Child Abduction (Oct. 25, 1980), Hague Conference on Private International Law website.) In order to […]

Uganda: Parliament Passes Amendments to Children Act

(Mar. 17, 2016) On March 2, 2016, the 388–member unicameral Ugandan Parliament passed the Children (Amendment) Bill, 2015, the goal of which is “to amend the Children Act, Cap. 59; enhance protection of a child; provide for the guardianship of children; provide for inter country adoption; prohibit corporal punishment and provide for related matters.”  (The Children (Amendment) […]

South Korea: First Court Order to Return Children to Another Country Under the Hague Convention

(Feb. 23, 2016) On February 15, 2016, the Seoul Family Court ordered a Korean father to return his two children to his wife in Japan.  (Hyun-jeong Lee, Court Orders Korean Dad to Return Children to Separated Japanese Wife, KOREA HERALD (Feb. 15, 2016).)  It is the first case in Korea in which a court ordered […]

Brazil: Ministry of Foreign Affairs Publishes Brochure on Child Custody and International Abduction

(Jan. 20, 2016) On January 19, 2016, the Brazilian Ministry of Foreign Affairs published on its website a brochure (cartilha) on child custody, international abduction of children, and violence against women. (MINISTÉRIO DAS RELAÇÕES EXTERIORES, DISPUTA DE GUARDA E SUBTRAÇÃO INTERNACIONAL DE MENORES – ORIENTAÇÃO PARA OS PAIS, MINISTRY OF FOREIGN AFFAIRS CONSULAR PORTAL (last visited […]