Contemporary Nurturing of the 1980 Hague Convention

Marilyn Freeman () and Nicola Taylor ()
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Marilyn Freeman: Westminster Law School, University of Westminster, London W1W 7BY, UK
Nicola Taylor: Faculty of Law, University of Otago, Dunedin 9016, New Zealand

Laws, 2023, vol. 12, issue 4, 1-12

Abstract: A key impetus for the implementation of the 1980 Hague Convention on the Civil Aspects of International Child Abduction was the protection of children from the harmful effects of their wrongful removal or retention. This article considers how well the Convention is achieving this aim in light of the challenges it faces in a global society that has changed significantly since its introduction. Two key aspects of the Convention’s operation are addressed in this regard: (i) The intersection between domestic violence and the exception to return in Article 13(1)(b); and (ii) the adoption of practices to enable abducted children to receive information about, and be given effective opportunities to express their views and be heard in, Convention cases. The article discusses why, how, and to what extent the Convention needs to be nurtured to best position it to meet current and future challenges and demands, including the current differences in interpretation and implementation globally. Suggestions are made to help future-proof the Convention so that children can be best protected in the way envisioned by the Convention.

Keywords: international child abduction; 1980 Hague Convention; Article 13(1)(b); grave risk; intolerable situation; domestic violence; UNCRC; child participation; children’s views; hearing children in 1980 Hague Convention proceedings; nurturing the 1980 Hague Convention (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2023
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