Please use this identifier to cite or link to this item: http://hdl.handle.net/1946/5795
International parental child abduction - grounds for refusal of return: Human Rights & The Hague Convention on the Civil Aspects of International Child Abduction
The focus of this thesis is to see whether the Courts, judging under the Hague Convention on the Civil Aspects of International Child Abduction, take the Convention on the Rights of the Child into consideration, when deciding upon the return of the child to his or her habitual residence.
The Convention on the Rights of the Child has the child’s best interests as a priority. States Parties to the Convention are to take measures, combating the illicit transfer and the non-return of children abroad and to that end, access or promote the conclusion of bilateral or multilateral agreements. One such agreement is the Hague Convention.
The ensuring of the rights of custody and access under the law, although not determined therein, is one of the Hague Convention’s main objects, along with securing the prompt return of the child, wrongfully removed or retained, to the left-behind parent who previously enjoyed custody.
Both The Hague Convention and the Human Rights instruments in relation to child abduction will be looked at thoroughly in the following thesis, along with their interpretations and applications. The four grounds for refusal of return under The Hague Convention – consent, acquiescence or non-exercise of rights, grave risk of physical or psychological harm, the child’s own objections and the 12 month period – will be discussed in turn, along with an examination of selected cases pertaining to each ground.
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