Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction
13 U. Miami Int’l & Comp. L. Rev. 105 (2005)
58 Pages Posted: 20 May 2020
Date Written: 2005
Part I of this article will concentrate generally on the Hague Convention with an overview of the treaty's provisions and the history behind its inception. Part II concentrates specifically on the Child's Objection Clause - which allows a court to consider the objection of an abducted child of sufficient age and maturity to being returned to the country of his habitual residence after an international abduction - and reviews the legislative history of this clause, and United States case law interpreting this provision. Part III examines the various policy arguments for and against the current interpretation of the Child's Objection Clause and evaluates whether those policy interests are adequately considered under the current system. Finally, Part IV concentrates specifically on how the courts can more effectively consider children's objections in order to further both children's rights and the objectives of the Hague Convention.
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