Web resource:	http://pandora.nla.gov.au/pan/10766/20040721-0000/www.familycourt.gov.au/papers/pdf/hague2003.pdf
Type:	Report
Title:	The Hague Convention - order or chaos? : an update on a paper first delivered to a Family Law Conference in Adelaide in 1994
Authors:	Kay, Joseph
Keywords:	Human rights;Child protection;Impact on children and young people;Legal issues
Year:	2004
Publisher:	Family Court of Australia
Notes:	Provides a background to the drafting of the Hague Convention and explains the scheme currently operating under it, in which a central authority within a given ‘contracting’ State is given powers to prevent the wrongful removal or retention of children ‘habitually resident’ in that contracting State. Judicial interpretations and applications of the Convention are reviewed and the concepts of ‘habitual residence’ and ‘wrongful removal or retention’ in a variety of contexts are examined. The relationship of parental custody rights with rights and obligations under the Convention is considered and the position of unmarried fathers, non-parents and the court are explained. Approaches taken where the application to the central authority is made after the expiration of one year are outlined and the key exceptions to the mandatory return rule are discussed in light of recent decisions. The exception raised where a grave risk of psychological or physical harm exists is examined in some detail, and the cases that have considered whether domestic violence can be classed as such a ‘grave risk’ are reviewed. Case summaries for each State a party to the Convention are also provided.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/19311
Physical description:	121 p.
Appears in Collections:	Reports

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