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Hearing Children’s Objections in Hague Child Abduction Proceedings in England and Wales, Australia, and the USA

Author

Listed:
  • Michelle Fernando

    (Justice and Society, University of South Australia, Adelaide 5061, Australia)

  • Jessica Mant

    (Faculty of Law, Monash University, Melbourne 3800, Australia)

Abstract

In this article we compare how children’s objections to being returned to their country of origin are treated in Hague child abduction matters in three different international jurisdictions: England and Wales, Australia, and the United States. We examine the relevance of children’s views for the purposes of the ‘gateway’ stage of the relevant exception to mandatory return, and how children’s objections have been approached in legislation, case law, and scholarly commentary. We critique each jurisdiction’s approach against the objectives of the Hague Convention and the Convention on the Rights of the Child. We discuss how aspects such as the methods by which children are heard can make a difference to experiences for children and make recommendations to promote greater certainty and consistency in how children’s objections are heard and considered across jurisdictions.

Suggested Citation

  • Michelle Fernando & Jessica Mant, 2023. "Hearing Children’s Objections in Hague Child Abduction Proceedings in England and Wales, Australia, and the USA," Laws, MDPI, vol. 12(4), pages 1-21, August.
    • Handle: RePEc:gam:jlawss:v:12:y:2023:i:4:p:69-:d:1211224
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    References listed on IDEAS

    as
    1. Rachel Birnbaum, 2017. "Views of the Child Reports: Hearing Directly from Children Involved in Post-Separation Disputes," Social Inclusion, Cogitatio Press, vol. 5(3), pages 148-154.
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