n Comparative and International Law Journal of Southern Africa - 'Escaping mothers' and the Hague Convention - the Australian experience

Volume 41, Issue 2
  • ISSN : 0010-4051



The article, first, discusses the changes in emphasis in relation to abducting parents which courts seeking to apply the Hague Convention on Civil Aspects of International Child Abduction are faced. Today, more primary carers, especially mothers, seek to abduct children internationally to avoid dangerous or unpleasant conditions in the countries of habitual residence. The article contextually examines primarily Australian case law with a view to determining how courts here, and elsewhere have related to this apparent change. Although there have been senior appellate Australian decisions, the situation in fact, in this situation, it is difficult to predict Australian response. This is far from being ideal situation, not only for Australia but for other countries involved in the problem.

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