International Disorder and the Child Abduction Convention: a Discursive Commentary

The Hague Convention on Civil Aspects of International Child Abduction has given rise to considerable interest, inevitably, throughout the world regardless of whether the countries who are forced to take an interest are or are not States parties. In recent times, world issues continue to impinge on the operation of the Convention. One such aspect has been the influence of matters in jurisdictions which have suffered both internal and external civil disorders, including disruptions which might legitimately be classified as involving parts of jurisdictions, notably Israel, as being zones of war. This monograph seeks to consider the reaction of courts in the United Kingdom, Australia and the United States to this state of affairs. At the same time, the complexities therein involved require issues peripheral to the central issue, but especially germane to the general operation of the Convention to be taken into account. Issues of policy and reform are, consequently urged and discussed. All of this necessitates an analysis of and commentary on comparative case law and literature. It should be of interest and importance to scholars and practitioners of international family law.