'Please Let Me Stay': Hearing the Voice of the Child in Hague Abduction Cases

28 Pages Posted: 1 Feb 2012  

Linda D. Henry Elrod

Washburn University - School of Law

Date Written: January 31, 2012

Abstract

A child's voice should be heard when judges are making decisions about with whom a child should live, including whether the child should be returned to the country from which he or she was abducted. This article briefly outlines the history of hearing children's voices in judicial proceedings and the movement toward traditional attorney representation for children. It reviews the mandate for hearing the child's voice under the U.N. Convention on the Rights of the Child. The article also explores the history and use of the exception to return for the objection of a mature child under The Hague Abduction Convention. The article concludes that a child's voice should indeed be heard in every Hague return case, preferably through representation by a client-directed lawyer appointed for the child.

Suggested Citation

Elrod, Linda D. Henry, 'Please Let Me Stay': Hearing the Voice of the Child in Hague Abduction Cases (January 31, 2012). Oklahoma Law Review, Vol. 63, No. 4, 2011. Available at SSRN: https://ssrn.com/abstract=1996574

Linda D. Henry Elrod (Contact Author)

Washburn University - School of Law ( email )

1700 College Avenue
Topeka, KS 66621
United States
(785) 231-1010 x1838 (Phone)
(785) 231-1037 (Fax)

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