Ensuring the child's interests in implementing the requirements of the Hague Convention on the Civil Aspects of Child Abduction

Abstract

There has been a revision of the 1980 Hague Convention on the Civil Aspects of Child Abduction to ensure the immediate return of illegally removed or abandoned children to their state of habitual residence to reduce the detrimental effects of unilateral parental action. In recent years, the methods of child abduction and the legal landscape associated with judicial decision-making have changed dramatically. The authors conclude that on the part of the courts, various circumstances may indicate a "grave risk" of causing "physical or psychological harm" or creating "intolerable conditions" for the child. After analyzing the information received, the authors conclude that jurisprudence in this direction is becoming more and more universal. This is also facilitated by the development of the Guide to Good Practice under the HCCH Convention of October 25, 1980.