A critical analysis of local parental child abduction cases, with reference to EU, Hague Convention and non-Hague party countries

Abstract

This thesis seeks to compare the situations of Hague and non-Hague countries in relation to parental child abduction, particularly but not exclusively within the Maltese context. Chapter 1 qualifies the nature of parental child abduction, linking up the historical context in which The Hague Convention developed. This is deemed essential to appreciate the impact of being signatories to the Convention. At a later stage a description of the Accession of States within the EU is carried out, followed by states who have failed to implement the Hague Convention. Parental Child abduction in Chapter 2 is tackled specifically within the Maltese Context in relation to the Hague Convention on Parental Child Abduction. Chapter 410 of the Laws of Malta and local as well foreign case-law is analysed. Furthermore, an assessment of Brussels II bis will round up this chapter. Chapter 3 focuses on non-Hague Convention states. The contribution of judicial and administrative authorities is likewise carried out, with reference to the “Malta Process”. The Chapter also includes an assessment of bilateral agreements, and also an explanation on the works of the several Non-Governmental Organizations worldwide. Chapter 4 presents the outcomes of the interviews together with the conclusions, which have been carried with experts who work in such an ambit of work. These were deemed essential so to provide a better understanding of the workings of the Hague Convention, and to provide the realities that these experts are faced in their ambit of work in this sector. Finally, concluding remarks are presented as a recapitulation of this research, including considerations concerning the problematic sectors in regards to the Hague and Non-Hague party states.