Hague Convention - tips and strategies 2025 - On Demand

Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $115 - Law Society members and Associate members
• $165 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

The Hague Convention is a cornerstone remedy in New Zealand family law and there are aspects of its operation and interpretation today that have broad implications for any case involving international travel for children.

Topics will include:

• Discussion of the key Hague Convention concepts
• Guidance on how to navigate the Convention application process to obtain a successful outcome for your client
• Practical tips and strategies to identify potential issues early, mitigate risks and work effectively in this area
• An overview of current hot issues.

Learning objectives

By completing this module you will:

• Gain an understanding of hot issues, high-risk situations and pitfalls to avoid when working within the Hague Convention framework.
• Be provided with tips and strategies to help you advocate effectively should you be involved in a Convention case.

Electronic paper 

Author: Lisa Soljan
Published: 28 April 2025
Pages: 23

Introduction

45 years on from the signing by the Hague Conference on Private International Law of the “Convention of 25 October 1980 on the Civil Aspects of International Child Abduction” (the Convention) the international movement of children still creates a myriad of challenges for our clients and their children. New Zealand continues to see a steady flow of cases (incoming and outgoing) in which the Convention is invoked and the jurisprudence in this area is constantly evolving.

We will commonly face scenarios involving overseas travel, from the mundane (“my ex wants to take our child to the Gold Coast for a week”) to the desperate (“my partner left when I was at work and has taken the kids to England”) and everything in between. On occasion we will receive that distressed call from a client in New Zealand who has been served with an application seeking the return of their child to a foreign jurisdiction. For us to provide effective legal representation in this area we should have a working knowledge of the benefits and pitfalls of the Convention.

This paper aims to identify some of the common issues arising in these cases and provide practical tips and strategies:

• to identify and mitigate risks in advance so that Convention litigation can be avoided altogether;
• to assist our clients to invoke the Convention to seek the return of a child to New Zealand where an abduction has occurred;
• to respond effectively when our client is served with an application under the Convention.

In this paper I will provide an overview of some of the common issues, risks and hot issues before embarking on a practical discussion using some case scenarios.

PowerPoint Presentation

These are the slides included in the presentation.