Due to the amendments to the Hague Implementation Act, it became easier and quicker to conduct the method of enforcement by substitute (direct enforcement).
The amendment of the Hague Implementation Act came into effect on April 1, 2020.
Without filing a petition for the procedure of indirect enforcement, the left behind parent (LBP) can file a petition for enforcement by substitute under the amended Hague implementation Act. After the decision by the court to return the children to the country of their habitual residence becomes final and binding, if the taking parent (TP) does not comply with the decision, the LBP will be able to file a petition for enforcement by substitute (direct enforcement) directly as long as the requirements are satisfied (Article 136, Section1-2, 1-3, the amended Hague Implementation ACT).
Previously, LBP needed to file a petition for indirect enforcement first. In the method of indirect enforcement, the court orders the party (TP) who fails to perform the obligation to pay a certain amount of money to the other party.
We need to wait to find out whether the effectiveness of enforcement will be improved.
In that case, the only method to take is to
make a petition for a habeas corpus order.
A habeas corpus order aims to restore freedoms of an illegally restrained person by expeditous summary proceedings.
While holding that the petition for a habeas corpus order be granted, the Justices of the Supreme Court decided to remand the case to the lower court for further examination, particularly with a view to ensuring the appearance of the child before the court.
Please refer to the INCADATdatabase (the database of the HCCH) .