The welfare imperative

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Examines the traditional narrow interpretation of the Hague Convention on the Civil Aspects of International Child Abduction 1980 by domestic courts which has resulted in children being returned to their habitual residence with little thought for their welfare. Argues that most "abduction" cases concern non-resident fathers challenging the mother's right to return to her home country with a child. Welcomes the European Court of Human Rights decision in Neulinger v Switzerland (41615/07) that the welfare of the child was paramount and that a Swiss court had failed to interpret the Convention in conformity with the United Nations Convention on the Rights of the Child 1959 art.3 and the European Convention on Human Rights 1950 art.8.
Original languageEnglish
Pages (from-to)16-17
Number of pages2
JournalJournal of the Law Society of Scotland
Issue number1
Publication statusPublished - 2011


  • child abduction
  • childrens rights
  • child welfare
  • family life
  • Switzerland


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