Contemporary Nurturing of the 1980 Hague Convention

Freeman, M. and Taylor, N. 2023. Contemporary Nurturing of the 1980 Hague Convention. Laws. 12 (4), p. 65. https://doi.org/10.3390/laws12040065

TitleContemporary Nurturing of the 1980 Hague Convention
TypeJournal article
AuthorsFreeman, M. and Taylor, N.
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.

JournalLaws
Journal citation12 (4), p. 65
ISSN2075-471X
Year2023
PublisherMDPI
Publisher's version
License
CC BY 4.0
File Access Level
Open (open metadata and files)
Digital Object Identifier (DOI)https://doi.org/10.3390/laws12040065
Publication dates
Published online25 Jul 2023

Related outputs

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Freeman, M. and Taylor, N. 2024. Where International Child Abduction Occurs Against a Background of Violence and/or Abuse. London International Centre for Family Law, Policy & Practice .

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Concluding Chapter
Freeman, M., Bruning, M.R., Schrama, W.M. and Taylor, N. 2021. Concluding Chapter. in: Schrama, W.M., Freeman, M., Taylor, N. and Bruning, M.R. (ed.) International Handbook on Child Participation in Family Law Cambridge; Antwerp; Chicago Intersentia. pp. 359-367

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Freeman, M., Taylor, N., Bruning, M.R. and Schrama, W.M. 2021. Introduction to the International Handbook. in: Schrama, W.M., Freeman, M., Taylor, N. and Bruning, M.R. (ed.) International Handbook on Child Participation in Family Law Cambridge; Antwerp; Chicago Intersentia. pp. 1-10

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Freeman, M. and Taylor, N. 2020. Domestic Violence and Child Participation: Contemporary Challenge for the 1980 Hague Child Abduction Convention. Journal of Social Welfare and Family Law. 42 (2), pp. 154-175. https://doi.org/10.1080/09649069.2020.1751938

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Freeman, M., Taylor, N., and Schuz, R. 2019. The Voice Of The Child in International Child Abduction Proceedings Under the 1980 Hague Convention. London University of Westminster.

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Report on the Experts’ Meeting on Issues of Domestic / Family Violence and the 1980 Hague Child Abduction Convention, 12 June 2017, The University of Westminster, London
Freeman, M. 2017. Report on the Experts’ Meeting on Issues of Domestic / Family Violence and the 1980 Hague Child Abduction Convention, 12 June 2017, The University of Westminster, London. International Family Law Journal. 2017 (IFL), p. 174.

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Parental Child Abduction: The Long-Term Effects
Freeman, M. 2014. Parental Child Abduction: The Long-Term Effects. International Centre for Family Law, Policy & Practice .

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