n South African Law Journal - Should the court look at the best interests of specific children in abduction cases? An examination of : notes




(unreported case no 34008/2012, North Gauteng High Court, Pretoria, 6 May 2013) relates to the emotive field of international parental child abduction. This matter is regulated by the provisions of the Hague Convention on the Civil Aspects of International Child Abduction of 1980 ('the Convention'), which was incorporated into domestic South African law by the Hague Convention on the Civil Aspects of International Child Abduction Act 72 of 1996 and was subsequently repealed and replaced by s 313 of the Children's Act 38 of 2005. The whole of the Convention is now incorporated into the Children's Act itself in chapter 17. The applicant, the Central Authority of the Republic of South Africa (the Chief Family Advocate or her or his designate: see s 277 of the Children's Act) launched an application on 15 June 2012 for the peremptory return of three minor children removed from Australia by the first respondent (their mother, 'M') in contravention of the provisions of the Convention. The process was initiated by the Australian Central Authority at the behest of the second respondent (the father of the children, 'F'). Ms C du Toit of the Centre for Child Law at the University of Pretoria was appointed to act for the children.


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