oa Comparative and International Law Journal of Southern Africa - Child abduction, the Hague Convention and Australian law - a specific overview
|Article Title||Child abduction, the Hague Convention and Australian law - a specific overview|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 University of Newcastle (NSW)|
|Publication Date||Mar 1999|
|Pages||72 - 97|
|Keyword(s)||Australian law, Child abduction, Hague Convention on Civil Aspects of International Child Abduction, High Court of Australia and Overview|
The recent decision by Lindenmayer, J of the Family Court of Australia in "Director General, Department of Families, Youth and Community Care v Thorpe" provides an interesting example of how the Australian courts deal with issues arising from the adaption of the Hague Convention on Civil Aspects of International Child Abduction. Although it may be, as one commentator has suggested, that cases involving countries which are not signatories to the convention are more difficult, this does not mean that cases involving convention countries are without problems. Indeed, one such case with rather unusual circumstances, has reached the High Court of Australia. Given the recent adoption of the Convention by South Africa, the experience of a relatively adjacent and appropriately comparative jurisdiction might be of special interest to South African readers.
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