RE: PROCEDURAL PROTOCOL – HAGUE ABDUCTION CONVENTION CASES
Attached please find the Procedural Protocol for the Handling of Return Applications under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, Manitoba Court of Queen's Bench, Family Division.
The Protocol was developed to adopt various recommendations respecting the expeditious handling of Hague Abduction Convention cases that were made at Special Commissions and international meetings examining the operation of the Convention. The project to develop the Protocol was led by Madam Justice Robyn Diamond of the Manitoba Court of Queen's Bench (Family Division) who has been the common-law Judicial representative at a number of these Special Commissions and meetings.
The Protocol was approved by the Manitoba Court of Queen's Bench in June, 2007. Some of the procedures will require amendments to the Queen's Bench Rules in the near future. The Protocol also applies, with necessary modifications, to proceedings to enforce a custody order under The Child Custody Enforcement Act, C.C.S.M. c. C360.
Original signed by
The Honourable Gerald W. Mercier
Associate Chief Justice
Court of Queen's Bench
DATE: October 2007