n Comparative and International Law Journal of Southern Africa - '... From frost and foreign wind' - some international aspects of Australian family law
|Article Title||'... From frost and foreign wind' - some international aspects of Australian family law|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Publication Date||Nov 2006|
|Pages||405 - 426|
The paper begins with a general comment on the failure of Australian courts in the area of private international law to come to grips with matters of policy and the effect of this failure. It then moves to discuss the issue of child abduction, first, in relation to the Hague Convention on Civil Aspects of International Child Abduction and recent cases relevant to it. Quite apart from their Australian context, these cases tend to demonstrate that the convention is by no means an unflawed document, though, at the same time, some of the decisions might go some way towards alleviating the concerns which have been expressed regarding the utility and fairness of the convention. Yet there are jurisdictions which are not parties to the convention with which Australia deals and particular problems have arisen because of the lack of Central Authorities in those jurisdictions. Apart from child abduction, difficulties have arisen in relation to the application of the forum non conveniens doctrine and, more recently, the use of stays and anti-suit injunctions. The cases discussed in the article do not afford any global conclusion and a greater awareness of policy and its application might give rise to greater certainty, predictability and fairness.
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