オランダ大使館に聞きましたら、先日のオランダ新聞記事のプレスリリースがあると
教えていただきました。
すみません、辞書を引く時間がなく、概要を翻訳していただけると大変助かります。
ご協力をお願いいたします。
No legal representation by the state in the case of international child abduction
Press release | 22-01-2010
On the recommendation of Minister of Justice Hirsch Ballin, the Cabinet agreed to abolish the power of legal representation of the Central Authority in cases of international child abduction. If the proposed change in the law is adopted, the State of the Netherlands will no longer institute proceedings against Dutch citizens in the case of international child abduction.
In the current situation the Central Authority (the section of the Ministry of Justice responsible for the implementation of the Hague Child Abduction Convention 1980) acts as legal representative of the foreign partner, if a child is abducted to the Netherlands by the Dutch partner. In the new situation the Central Authority will refer the foreign partner to a lawyer, who may then bring the dispute before the court. The Central Authority will, of course, point out first that it is in the interest of the child that the parents reach a settlement between them, and will refer the parents to a mediator.
The legislative proposal meets the objections of Dutch parents who were involved in return proceedings. Their criticism concerns the fact that the Central Authority not only has the duty of legal representation, but is also obliged to take all appropriate measures to ensure that the child is voluntarily returned or that an amicable settlement is reached. This may cause confusion and distrust on the part of the parent who has taken the child abroad or is holding the child back (illegally). In addition, the objection was raised that the Central Authority acting as legal representative for the requesting parent may conflict with the equality of the parties to the proceedings. Implementation of the legislative proposal means that the legal practice in the Netherlands will from now on be consistent with the situation in other countries that are party to the Hague Child Abduction Convention.
Other elements of the legislative proposal concern the concentration of court cases in return proceedings, restricting the possibility of bringing appeals against return decisions to cassation in the interest of the law, and granting powers to the court to decide to suspend the enforcement of return decisions that are appealed against.
The purpose of concentrating child abduction cases at the District Court of The Hague and the Court of Appeal in The Hague is to promote the building of expertise and the concentration of knowledge and contacts. This will improve the speed and quality of the administration of justice. The purpose of restricting the possibility of appeal in cassation is to expedite the return proceedings, so that the situation that existed before the child’s abduction is restored as soon as possible. By granting the court the power to decide to suspend the enforcement of a return decision until after the appeal, the already existing practice of court decisions aiming at having the minor returned after a possible appeal in the Netherlands is formalized.
The Cabinet agreed to send the legislative proposal to the Council of State for its opinion. The text of the legislative proposal and the opinion of the Council of State will be published on submission to the Lower House.