The best interest of the child is the purpose of the 1980 Hague Convention on the Civil Aspects of International Child Abduction?

Abstract

The study conducted in this thesis is about Parental Child Abduction in relation to the Hague Convention 1980 on the Civil Aspects of International Child Abduction. The study seeks to answer the question as to whether the 1980 Hague Convention is in fact in the child's best interest. In this study reference is given to the meaning of the child's 'Best Interest'. This is because there is no definition in the 1980 Hague Convention as to what constitutes the child's best interest. To answer this question, various articles of the 1980 Hague Convention itself were analysed as well as case law. During this situdy various aspects of the Hague Convention were discussed, amongst which; the right of the child to be heard; the court delays; the Judges experience and training and Article 8 of the European Convention on Human Rights. Analysing the 1980 Hague Convention in detail was of utmost importance, only through these areas of study was it possible to attempt to answer the research question. In the conclusion apart for arriving to a conclusion and an opinion, that yes the 1980 Hague Convention is in fact in the child's best interest. Other suggestions where proposed, to help achieve better results in this field, always keeping in mind the child's welfare. Mediation was here discussed were the pros and cons were also mention and discussed. This study overall is an in depth study of the 1980 Hague Convention, only in relation to the child's best interest.