International Parental Abduction of Children (A Study in Light of the 1980 Hague Convention on the Civil Aspects of International Child Abduction)

Abstract

One of the most significant issues arising from the divorce between couples of different nationalities is the dispute between parents over child custody rights. Such disputes may escalate to the extent that one parent unlawfully removes or retains the child across international borders, thereby depriving the other parent of custody and visitation rights.

In order to avoid the psychological and social repercussions of cross-border abduction on the child’s stability and on his or her relationship and bond with both parents, States have concluded numerous international conventions. Among the most prominent in this field is the Hague Convention on the Civil Aspects of International Child Abduction, concluded on 25 October 1980, which seeks to address and put an end to violations of legally established custody and access rights by ensuring the prompt return of the child to the State of his or her habitual residence through cooperation among the authorities of the Contracting States.