Balancing the abducted child’s best interests against general child welfare in Australia, New Zealand, and The Pacific

Abstract

A notable shift is emerging in Hague Convention jurisprudence within the Australasia/Pacific region, particularly in cases involving international child abduction. Courts are increasingly prioritizing the specific circumstances of the abducted child, focusing on the real consequences of their return, especially in situations involving domestic violence. This marks a departure from the traditional focus on swiftly returning children to their country of habitual residence to deter future abductions, with final decisions left to those courts. This article examines how jurisdictions balance the best interests of the individual child against the broader goal of preventing child abduction. By analyzing Australia, New Zealand, and Fiji, it highlights a growing emphasis on the particular child’s welfare, reflecting a more nuanced application of the Convention’s exceptions to ensure decisions align with the child’s unique needs and safety.