Publication
Title
International child abduction and the best interests of the child: an analysis of judicial reasoning in two jurisdictions
Author
Abstract
The Hague Child Abduction Convention aims to secure the speedy return of abducted children. Judges can use a limited number of grounds for refusal. They may not make an in-depth assessment of the merits of any custody issue. The Convention on the Rights of the Child provides that the best interests of the child shall be a primary consideration in all actions concerning children. This article analyses the use that judges make in their decisions on the concept of the best interests of the child. For this purpose it scrutinizes the case law on international child abduction of the Netherlands and England and Wales. By using software designed for qualitative research, the authors are able to make an objective and systematic analysis. This article confirms the hypothesis that the concept of the best interests of the child is often used without substance, and sometimes only to endorse conclusions that would have possibly been reached in any event.
Language
English
Source (journal)
Journal of private international law. - Oxford
Publication
Oxford : 2018
ISSN
1744-1048 [print]
1757-8418 [online]
Volume/pages
14 :3 (2018) , p. 421-454
ISI
000457625300002
Full text (Publisher's DOI)
Full text (open access)
Full text (publisher's version - intranet only)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
VABB-SHW
Web of Science
Record
Identification
Creation 27.11.2018
Last edited 16.09.2021
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