Analyzing children's objections in hague child abduction cases across england and wales, australia, and the usa

Abstract

This study examines how children’s objections to being returned to their country of origin are addressed in Hague Convention child abduction cases across England and Wales, Australia, and the United States. It analyzes the role of children’s views in the initial ‘gateway’ stage of the exception to mandatory return, exploring relevant legislation, judicial decisions, and academic perspectives. The research evaluates each jurisdiction’s approach in light of the Hague Convention’s goals and the United Nations Convention on the Rights of the Child. It highlights variations in methods for hearing children’s voices and their impact on children’s experiences. Recommendations are proposed to enhance consistency and clarity in considering children’s objections across these jurisdictions, aiming to better align practices with international standards and promote children’s participation in proceedings.