Re-examining habitual residence as the sole connecting factor in Hague Convention child abduction cases

Bozin-Odhiambo, Danielle (2012) Re-examining habitual residence as the sole connecting factor in Hague Convention child abduction cases. Family Law Review, 3(1), pp. 4-17.

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Abstract

This article critiques the usefulness of habitual residence as the sole connecting factor in Hague Convention child abduction cases. This is achieved by examining the quality of this jurisdiction in light of changes in the gender dynamics underpinning international parental child abduction and the transnational family phenomenon. Arguably, the child’s habitual residence as a home environment of the nature anticipated by the Convention’s drafters is an increasingly outdated construct. This is due to an increase in both the number of abducting primary-carer mothers, and their families’ growing mobility. Judicial determinations of habitual residence made during Conven- tion return proceedings are entrenched in the state-centric paradigm. This paradigm is becoming increasingly incompatible with the lives of families which experience international parental child abduction.

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ID Code: 82144
Item Type: Journal Article
Refereed: Yes
Keywords: international parental child abduction, Hague Convention, habitual residence, status quo
ISSN: 1837-8757
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2012 Thomson Reuters (Professional) Australia Ltd
Deposited On: 03 Mar 2015 23:00
Last Modified: 10 Mar 2015 05:01

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