VOICE OF THE CHILD IN 1980 HAGUE RETURN CASES
VOICE OF THE CHILD IN 1980 HAGUE RETURN CASES

Summary/Abstract: The voice of the child is a broad and largely discussed concept relevant for family life, and referred to both in different juridical instruments belonging to national and international areas, and also doctrinal opinions. The purpose of the article is to analyse the voice of the child in the particular situation of international child abduction, in the framework of the ever-increasing number of transnational families on the move, within and outside the European Union. As the general principle stipulates that an abducted child shall promptly be returned to the state of habitual residence, children’s welfare is to be considered only within the exceptions to the return mechanism. One of these exceptions is represented by the child's objection to being returned, which nevertheless remains highly controversial: if we accept it is generally in children’s best interests to be returned, then how can children’s rights to express their views be accommodated? Hence, the objectives of the present study are to identify the legal context in which the child's opinion can be expressed and valued in the context of different juridical instruments, with a subsequent focus on the situation of international child abduction (procedural and substantial). Furthermore, the paper will examine the extent to which judicial assessments of child's views in child abduction procedures are conducted in a way that corresponds with a children’s rights-based approach, acknowledging their autonomy and right to be heard.

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