A Judicial Studies Programme & Hague Conference on Private International Law seminar

The Hochelaga Lectures 2015: The Judiciary’s Role in Safeguarding the Well-being of the Child

Third Lecture:
Challenges in the Development of International Family Law: Reflections by the Chief Justice of the Family Court of Australia

In this lecture, Chief Justice Bryant will contemplate the rise and development of international family law over the past 40 years, looking specifically at the Hague Conventions on child abduction, child protection, adoption and child support, from inception to the present day. In light of the unprecedented levels of cross-border migration our globalised world is currently experiencing, the issue of international relocation will also be discussed. The lecture will consider the history of key jurisprudential developments in international family law, with a particular focus upon the decline in the influence of common law jurisdictions in this context and the rise of the European Union. The question of cross-border commercial surrogacy, one of the biggest challenges facing the international family law community at this time, will be touched upon. Further, with the world in the grips of the worst humanitarian crisis since the Second World War, the lecture will consider the intersection of international family law and international refugee law. Finally, the lecture will emphasise the importance of the International Hague Network of Judges as a tool of cooperation and coordination as we face these and other future challenges.