Please use this identifier to cite or link to this item: http://hdl.handle.net/1959.13/936067

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Title
International disorder and the child abduction convention
Author/Creator
Bates, Frank
Institution
The University of Newcastle. Faculty of Business & Law, Newcastle Law School
Description
Article 13(b) states that courts may refuse to make an order for the return of a child under The Hague Convention on Civil Aspects of International Child Abduction if there was a grave risk that such a return would expose the child, “…to physical or psychological harm or otherwise place the child in an intolerable situation”. In an earlier article, I commented on the decision of the High Court of Australia in DP v Commonwealth Central Authority; JLM v Director-General, NSW Department of Community Services. In that article, I concluded that the decision in that case tended to demonstrate a more liberal interpretation of Art 13(b) than had some prior Australian decisions, even though I was at pains to emphasise that each case on the article’s operation must necessarily turn on its own facts. It is also a feature of the DP and JLM case that there was a judgment in dissent by Kirby J who emphasised that Art 13(b) represented, not a departure, but a fulfilment of the scheme of the law at large. This meant that the exceptions contained in Art 13(b) must, self-evidently remain exceptions – any other approach, he stated, would effectively reward the abducting parent “… with the fruits of conduct which domestic and international law is designed to prevent and, where it occurs, to remedy promptly.”
Relation
Conference on International Child Abduction, Relocation and Forced Marriage. Proceedings of the Inaugural Conference on International Child Abduction, Relocation and Forced Marriage. Three Linked Topics and the Global Perspectives (London 30 June - 2 July, 2010)
Date
2010
Publisher
The Centre for Family Law and Practice
Keyword(s)
child abduction;  International Law;  child custody;  High Court
Resource Type
conference paper
Identifier
http://hdl.handle.net/1959.13/936067
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"International disorder and the child abduction convention"
 
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