header-logo header-logo

Holiday abductions: far from home (Pt 2)

30 September 2022 / Mani Singh Basi
Issue: 7996 / Categories: Features , Family , Child law , International justice
printer mail-detail
96051
Mani Singh Basi examines the benefits & limitations of the Hague Convention in child abduction cases
  • The Hague Convention exists to secure the swift return of children who have been wrongly removed from their home country.
  • However, when a child has been abducted to a country that is not part of the Convention, securing their return can be much more difficult.

In the July edition of NLJ, I published ‘Holiday abductions: far from home’ (NLJ, 22 July 2022, p8), which touched upon the 1980 Hague Convention in respect of wrongful removal/retention cases when a child does not return from a planned holiday. This article considers the limitations (if any) of the Hague Convention 1980.

Barriers to a swift return

The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the Convention’) is a treaty developed by the Hague Conference on Private International Law. At the time of writing, there are 101 contracting parties to the Convention.

There

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll