Protection of Children in Private International Law
In the current era of globalisation the mobility of modern families means that disputes between parents, or the protection of children by the State, increasingly have international dimensions.
Professor Peter McEleavy & Ms Aude Fiorini
The research of Peter McEleavy and Aude Fiorini on the internationalisation of child protection has been developed across a broad range of publications, including monographs, articles in leading journals, book chapters and research papers. The detailed practical references within their legal analysis have ensured that their research is of particular value to judges and legal professionals.
In 2009 McEleavy was instructed by the Ministry of Justice to advise on the implementation of the 1996 Hague Convention on the Protection of Children into the domestic law of England and Wales. The advice McEleavy provided had a direct and crucial impact on the drafting of the associated statutory instrument, the Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (SI 2010/1898). For example, he discovered that the failure of the EU to adapt the parallel EU rules in Council Regulation 2201/2003 for co-existence with the 1996 Hague Convention, would have led to a partial application of the choice of law rules in the latter instrument. This led the Parliamentary draftsman to extend the scope of application of the choice of law rules in the 2010 Regulations, r. 7.
In 2012 McEleavy was further commissioned by the Ministry of Justice to draft a Practice Guide for judges and practitioners on the 1996 Hague Convention.
In late 2012 Fiorini’s work on the development of EU family law (ICLQ 2008, 2010) led to her being commissioned by the European Parliament to draft a briefing paper on how future EU rules on family law, including as regards children, should be developed. She twice addressed EP Committees on this topic in 2013. Her advice to the government of Montenegro in 2013 assisted in the formulation of Chapters 23 and 24 of the Montenegrin Action Plan in the context of accession negotiations with the European Union.