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The cross border protection of adults: Hague 35, Paula Gómez Madrigal,…
The cross border protection of adults: Hague 35
It was seen as a counterpart of Hague 34.
Best interests of the child
Are to be the primary consideration.
Age
Applies not solely to persons who have reached the age of 18, but also measures takien in anticipation of a person´s majority where that person had no reached the age of 18 at the time that they were taken.
Protective measures
Guardianship, curatorship, and analogous istitutions; as well as the administration, conservation, on disposal of the individual´s property.
Jurisdiction
Primary jurisdiction to the authorities of the state where the child has his or her habitual residence.
Habitual residence
Is to be determined by the relevant authorities in each case on the basis of the factual element, and that it is an autonomous concept to be interpreted in the light of the objective of the Convention.
Applicable law and the concept to the attribution and extinction of parental responsability by operation of law.
Sets out a series of rules by which to determine the law applicable to the consideration of matters falling the scope of the Convention.
Recognition and enforcement
Foreign measures of protetion was not governed by a framework within the Convention
Cooperation
Danger from increased bureaucracy
Means of interpretation
The Prodeedings and the Lagarde Report
Paula Gómez Madrigal
00290329