Second German Training Workshop
The second German training session took place online via AdobeConnect on Friday, 27 November 2020. The training was integrated into the annual conference for family law organised by the German Lawyers Association. Therefore over a hundred participants attended the training session. The aim of the workshop was to train key stakeholders in the application of the Protection Measures Regulation in the specific context of parental child abduction cases committed against the background of domestic violence.
After a welcome and a short introduction to the project, Professor Anatol Dutta began the training session with an overview of the Protection Measure Regulation and the Protection Measure Directive. The focus was, however, on the Protection Measures Regulation, since only the latter is relevant for German protection measures. Then he explained how the Regulation and the Directive could be relevant in child abduction cases and analysed the legal and factual background of child abduction cases. The tensions between the Convention summary return policy and considerations over the safety of the abduction mother was explored. Professor Dutta explained that it is the aim of the POAM project to close this gap by applying the Protection Measure Regulation and the Protection Measure Directive. He then discussed the problems arising from the application of the Protection Measures Regulation and the Protection Measures Directive in the context of international child abduction.
First of all, he addressed the question of whether there is any incentive at all for the mother to apply for a measure to protect her child against violence, since this might create the conditions for a return as the exception under Article 13 (1) (b) of the Hague Convention would no longer apply. He explained why this is not the case and why, on the contrary, the application of the Regulation and the Directive could further strengthen the return mechanism. Further, the problem was discussed that the return proceedings courts have only a limited ability to evaluate the allegations of domestic violence in the Member State of origin. He pointed out that due to their distance, it can be difficult for the courts to obtain the necessary evidence. Lastly, Professor Dutta discussed the international jurisdiction and the applicable law. In the end, the participants were able to ask questions and short discussions followed.
The German training materials can be found here.
Notes for Editors
Issued by POAM Project
Directorate of External Relations, University of Aberdeen, King's College, Aberdeen
Tel: +44 (0)1224 272014