Equal shared parental responsibility and shared care post-return to Australia under the Hague Child Abduction Convention

Bozin, Danielle (2014) Equal shared parental responsibility and shared care post-return to Australia under the Hague Child Abduction Convention. University of New South Wales Law Journal, 37(2), pp. 603-631.

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This article explores the outcomes experienced by abducting primary carer mothers and their children post-return to Australia under the Hague Convention on Civil Aspects of International Child Abduction.1 The circumstances faced by families that experience international parental child abduction are examined by considering how part VII of the Australian Family Law Act 1975 (Cth) is applied to resolve parenting disputes post-return. At present, the statutory criteria found in part VII encourage an equal shared parental responsibility and shared care parenting approach.2 This emphasis aligns children’s best interests with collaborative parenting3 and their parents living within close geographical proximity of each other to facilitate the practicalities of the approach.4 Arguably, these statutory criteria guide the exercise of judicial discretion to determine a child’s best interests towards a parenting arrangement that is incompatible with the lifestyle and functional characteristics of these families.

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ID Code: 82141
Item Type: Journal Article
Refereed: Yes
Keywords: International parental child abduction, Hague Convention, family law, children
ISSN: 0313-0096
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 [please consult the author]
Deposited On: 03 Mar 2015 22:45
Last Modified: 04 Mar 2015 21:16

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