In the second in a series of articles in NLJ on child abductions, Mani Singh Basi looks at cases where children go on holiday and are not returned home.
The Hague Convention helps secure the swift return of wrongfully removed children in many cases, but what are the limitations of the Convention?
One major difference between domestic legislation and the Convention is the child’s welfare. While the child’s short-term welfare is a key consideration under the Convention, the long-term welfare of the child is considered to be a matter for the domestic courts.
Basi writes that this ‘is a very specialist area of the law with concepts that are not found within the standard family cases’.
Read the latest piece here, and Part 1 here.
