November 21 2019, Academy of Justice in cooperation with the International Legal Cooperation Department of the Ministry of Justice, supported by the French Embassy – the French Ministry of Justice, organized training on “Civil aspects of International Child Abduction”. This training aimed to extend the judges knowledge on the topic of the international child abduction.
First part of the training covered the following: judicial cooperation in civil matters – principles of cooperation as well as legislation and its application in practice. Second part, covered the Law on Civil Aspects of International Child Abduction, and case studies followed by interactive discussion between the participants.
Initially the training highlighted The Hague Convention on Civil Aspects of International Child Abduction approved in October 25 1980, that was enacted in December 1st 1983. The accession process is accompanied by the signing, ratification by new member states and after that is the enacting part. Every accession shall be separately accepted by states that are already signatories – only then the Convention enters into force through a newly accessing state and the old contracting states.
Furthermore, the training presented new developments of local legislation that emphasized that the Law on Civil Aspects of International Child Abduction is applicable in the Republic of Kosovo as announced in the Official Gazette No. 89 on November 30th 2010. This law widely presents provisions of The Hague Convention on Child Abduction, contains national implementing provisions, due to procedural law it refers to the Law on Uncontested Procedure and is interpreted and applied in compliance with the aforementioned Convention.
It further emphasized that the Law on Abduction and the Convention are based on the view that in general it is against the child’s interest that suddenly/ against the will of the other parent and unlawfully the child is removed from the usual life circle, because this hinders the child’s development and limits the relation with the abandoned parent. It is also beneficial for the child that the right of custody and the right of contact existing in a contracting country to be respected also in the other state. Law on Abduction and the Convention in this way protect the abandoned parents right to custody, and ensure that the child is returned to their usual circle as soon as possible.
This training used methods of theoretical teaching combined with modern methods based on case law and followed by exercises, interactive discussion, analysis of case studies, and up to date standards, international conventions and applicable legislation in the international child abduction area.
Beneficiaries of this training were judges of basic courts of the Republic of Kosovo and professional associates, as well as officials from the International Legal Cooperation Department in the Ministry of Justice.
21-11-2019