Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

16 SEP 2011

In search of a settled interpretation of Article 12(2) of the Hague Child Abduction Convention [2008] CFLQ 64

One of the exceptions to mandatory return of an abducted child under the Hague Convention on the Civil of Aspects of International Child Abduction 1980 is that the proceedings are commenced after the expiration of the period of 12 months from the wrongful removal or retention and that the child is now settled in its environment (provided for in Art 12(2) of the Convention). This article discusses critically the Court of Appeal decision in the case of Cannon v Cannon in relation to the interpretation of the concept of 'settlement' in this exception and the scope of the discretion conferred by the provision. It is argued that courts should take a more child-centred approach in construing and applying the Convention in general and this provision in particular. In a postscript, the article analyses the later House of Lords decision in Re M (Abduction: Zimbabwe) which, while agreeing with the Cannon decision in relation to the scope of the discretion conferred by Art 12(2), takes a more child-centred approach to the exercise of discretion under the Convention.

Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...

Cohabitation

Cohabitation

Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...