Family Law

Frank Bates, Professor of Law, University of Newcastle (NSW). In Australia, there are a number of individuals who have claimed that they have been aggrieved by the operation and interpretation of the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Convention). This article considers some of those cases and the issue of risk to a child from violence between parents, which may mean that the application of the Convention, notwithstanding its objectives, is not always necessarily in the childs best interests, forcing one parent to return to a potentially violent situation and the costs of custody proceedings. Two decisions from the UK courts are looked at, where a return has not been ordered in view of these sorts of factors. It has now been suggested in Australia that internal legislation and the Convention itself are amended to protect children in these situations.

For the full article see March [2007] International Family Law.