Shifting the Balance Achieved by the Abduction Convention: The Contrasting Approaches of the European Court of Human Rights and the European Court of Justice

Abstract

First paragraph: The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the Abduction Convention”) seeks to secure the prompt return of children in cases of wrongful removal or retention. It operates on the assumption that this is in the best interests of children except for certain limited circumstances provided for by Articles 13 and 20 of the Abduction Convention. There is an established body of case-law relating to the Convention which for the most part fits into a pattern of uniform interpretation. National caselaw concerning the Abduction Convention has on the whole struck the right balance.