Research handbook on international child abduction: The 1980 convention By Marilyn Freeman and Nicola Taylor (Eds.), Edward Elgar Publishing Ltd. 2023. pp. 461. £210 (hbk). ISBN: 9781800372504

Abstract

This research handbook concerns international parental child abduction. That is, where one parent, without the consent of the other parent, takes their child to another country then refuses to return them, or having taken a child for an agreed overseas trip, then retains them in the other country. The primary focus is the Hague Convention on the Civil Aspects of International Child Abduction (hereafter referred to as the Convention) created in 1980. The editors, Marilyn Freeman and Nicola Taylor, who are experts in this field, have assembled a stellar cast of authors across 25 substantive chapters providing a comprehensive analysis and insights from across the globe. The text will be of interest not just to the academic community and legal practitioners, but to anyone interested in the intersection between law and society, including gender studies, politics, psychology and children's rights and experiences.

A multilateral treaty, the Convention's key impetus at creation, was the protection of children from the harmful effects of parental abduction. It provides that if there has been a wrongful removal/retention, then an order shall be made for their swift return to their home country restoring the status quo to their lives. Few exceptions or defences are available to the taking parent to resist this. The two defences perceived as the most commonly used and that feature prominently in this text, concern domestic abuse and children's participation.

The Convention's widespread membership (103 Contracting states to date) and application has provoked a body of academic research and commentary, particularly around the use of these two exceptions and this book provides a useful reference to this. It is, however, very far from a dry summary of the law relating to parental child abduction. The book uncovers how the Convention, designed to be an instrument of protection, is interpreted and applied some 50 years since its creation, inviting reflections on its current fitness for purpose. A key theme identified early in the handbook is that the Convention should remain an instrument of protection, not one of harm. A balanced approach is taken, recognising the need for the Convention yet considering where improvements may be made.

The need for the Convention is brought to life early in the handbook as the editors have rightly foregrounded the reality of children's experiences at the centre of such conflicts early in the collection. Sarah Cecile Finkelstein reflects upon her own experience, when she was abducted by her father from Norway to the United States. She vividly describes the sheer bewilderment felt and the subsequent impact upon her life and relationships. This abduction took place in 1974, some 6 years prior to the birth of the Convention, which powerfully supports the need for the Convention's creation.

The editors have firmly positioned this chapter at the outset, ensuring that the child's experience is never far from the reader's consciousness as the collection of essays and analysis unfolds in subsequent chapters. It also provides opportunities for debate on the different ways that the Convention is applied across member states, including how it sits with other international treaties such as the United Nations Convention on the Rights of the Child. This is accompanied by the identification of contemporary issues and insightful analysis upon the unwillingness of some states to join the Convention and the tension between cultural and religious perspectives.

Practical differences in how countries allow children to participate in Convention hearings are explored. Julia Sloth-Nielsen's chapter, for example, describes the arrangements in South Africa and how all children in these disputes are provided with separate specialist representation. In Sir Matthew Thorpe's chapter, the specialist nature of these cases is a focus and the need for judicial training is highlighted as is the key recommendation to share information and work cooperatively across the Convention countries. The authors in Chapter 12 also note that some countries have begun to move away from a rigid application of the Convention towards an increased focus on the well-being of the child.

What becomes clear in reading this set of contributions ranging across continents is that globally, the overarching vision of the Convention and its consistent application has become far more complex in the 50 years since its inception.

Opportunities for change and improvement of the Convention are identified, such as mediation and awareness raising. Further research in this area can be of benefit to the children at the centre of these disputes. The future focus of work is identified in this timely publication as the 8th Special Commission on HCC is due to take place in October 2023.