n Without Prejudice - Stealing children and the search for applicable law : family law

Volume 9, Issue 4
  • ISSN : 1681-178X



Despite South Africa having ratified the Hague Convention on Child Abduction in 1997, there is a growing number of cases involving children wrongfully removed or retained in another country without the consent of one parent. There are still no general legislative provisions concerning the principles applicable to the Convention. A working relationship has been established, however, between the Family Advocate in South Africa and the Central Authority in the country in which the child is retained (the contracting state). However, this does not provide a foreign court with the much-needed guidance regarding application of local laws.

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