Problems Relating to Access Disputes Under the Hague Convetion on International Child Abduction
Bibliographic Data
| ID | 12583532 |
|---|---|
| Authors | Nigel Lowe (corresponding author) |
| Year | 1994 |
| Volume | 8 |
| Issue | 3 |
| Pages | 374-385 |
| Publication date | 1994-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Journal of Law Policy and the Family (JOURNAL) |
| Journal identifiers | ISSN: 1360-9939 • E-ISSN: 1464-3707 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/lawfam/8.3.374 |
| OpenAlex | W2052800097 |
| Language | EN |
| Citations received | 1 |
This article identifies access as one of the key areas in which the Hague Convention appears to be working less well. It reviews the interpretation of the access provisions (Article 21) principally by the English courts (which seem to have developed the most jurisprudence in this area). It questions whether Article 21 should be reformed in the light of the English interpretation and bearing in mind the ‘sister’ provisions in the European Convention. It concludes that it would have been better to have obliged Central Authorities to initiate and assist in the institution of access proceedings but that it was right, as the English courts have held, that domestic courts are allowed to make a fresh determination of the merits of an access dispute
Convention · Institution · Interpretation (philosophy · Jurisprudence · Political science · Sister · Computer Science · Conflict of Laws and Jurisdiction · Legal Rights and Human Rights · Ombudsman and Human Rights · Law
| Citations per year | 0.04 |
|---|---|
| Citation span | 1999 - 1999 (1) |
| Highly cited | No |