oa Comparative and International Law Journal of Southern Africa - The Hague Convention on the civil aspects of international child abduction - pill or placebo?

Volume 32, Issue 2
  • ISSN : 0010-4051



The problem of parental child snatching has, for a number of reasons, escalated so dramatically over the last two decades that the Hague Convention on the Civil Aspects of International Child Abduction was drawn up to introduce uniform measures to address this problem. The accession to and implementation of this convention by South Africa is a meaningful step in the fight against parental child abduction but it does not fully resolve the problem. Supplementary measures are required. The Hague Convention deals only with international abductions and fails to deal with interstate abductions and recognition and enforcement of foreign custody orders. While South African jurists should guard against re-inventing the wheel and take note of foreign legal development within this field of law, it is neither desirable nor appropriate for South Africa to simply emulate the approach taken to recognition and enforcement of foreign custody awards and the related problem of parental child abduction by any other country.

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