Contemporary Nurturing of the 1980 Hague Convention

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.

Protecting Mothers against Domestic Violence in the Context of International Child Abduction: Between Golan v Saada and Brussels II-ter EU Regulation

“…Making continuous references to a literal interpretation of international agreements may have dangerous secondary effects, as this may promote the interpretation that violence committed against the mother is irrelevant. Instead, this would have been a good opportunity to show how to keep this fundamental convention up to date with a changing society and to 'nurture' (Freeman and Taylor 2023) it accordingly so as to stand up for the protection of women.…”