The Court addressed the basic issue that summary judgment motions might help to expedite Hague cases in line with the directive in the Convention that judicial proceedings should be completed if possible within six weeks. The Court stated that Article 11(2) of the Convention provided the appropriate solution for any such delay. However, that provision merely authorizes an applicant or Central Authority to “request a statement of the reasons” for any delay.
The decision highlights the difference between the practice in the United States, in which full hearings are usually required in Hague cases, and that in jurisdictions such as the U.K., where Hague cases are typically decided much faster and primarily on a review of the submitted papers.Jeremy D. Morley concentrates on International Family Law. The firm works with clients around the world from its New York office, with a global network of local counsel. Mr Morley is the author of "International Family Law Practice", the leading treatise on international family law in the U.S., and "The Hague Abduction Convention", published by the American Bar Association. He is a Fellow of the International Academy of Family Lawyers and a former law professor.