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The Hague Convention: Who is Protecting the Child?
Published online by Cambridge University Press: 06 November 2012
Abstract
The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty that seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return. The ‘Child Abduction Section’ provides information about the operation of the Convention and the work of the Hague Conference in monitoring its implementation and promoting international co-operation in the area of child abduction. There are currently 58 member countries and 22 non-member countries. Australia signed the Convention five years after its introduction. The Family Law (Child Abduction) Regulations 1986 enshrined in Australian law the principles espoused in the Convention which came into force in 1987. The Regulations are to:
(a) secure the prompt return of children wrongfully removed to or retained in any contracting state, and
(b) ensure that rights of custody and access under the law of one contracting state are effectively respected in the other contracting states.
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