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Family Law

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Court of Protection Practice and Procedure Conference 2016

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12 DEC 2005

Strengthening Article 20

Merle H Weiner, Associate Professor of Law, University of Oregon School of Law. This article focuses on the Hague Convention on the Civil Aspects of International Child Abduction 1980, Art 20. Article 20 specifies that a court may refuse to return a child if return would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms". The Art 20 defence has minimal doctrinal significance at present, however the author argues that the Art 20 defence can and should be strengthened to make the Hague Convention operate more justly for domestic violence victims who flee transnationally with their children as part of their effort to escape from domestic violence. See November [2005] International Family Law, p 209 for the full article.

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