Supreme Court Enacts International Child Return Regulation: "Forced Execution Possible for Illegally Abducted Children"
The Supreme Court's Court Administration Office announced on the 11th that it has established regulations applicable to child return claim cases under the Hague Convention on the Civil Aspects of International Child Abduction. This measure aims to address various issues to ensure smooth enforcement after judgments in child return claim cases.
According to the newly established regulations, in cases where disputes arise over the return claim of children abducted illegally domestically or internationally, the parties will determine custody and visitation rights based on the Hague Convention on the Civil Aspects of International Child Abduction. If necessary, enforcement actions can be taken to bring the child back.
Considering the special nature of child delivery cases, the enforcement officer may involve child-related experts appointed by the head of the Court Administration Office as enforcement assistants. The enforcement officer and enforcement assistants have the duty to consider the child's age and developmental level to avoid causing any mental or physical harm and to pay attention to the child's freedom and safety.
Furthermore, any information learned in the course of duty related to the enforcement of delivery must not be disclosed or leaked.
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An official from the Court Administration Office stated, "This is significant in that it considers both the welfare of the child and the effectiveness of enforcement," and added, "We plan to continuously research and review improvement measures regarding the enforcement procedures of domestic infant delivery cases along with future legislative improvements."
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