chapter  9
21 Pages

Cohabitation

The Child abduction and relocation comprise the most serious extension of the problems which have routinely arisen in connection with enforcement of section 8 orders. Child abduction is now a significant international problem, generated both by the high incidence of divorce or other relationship breakdown, and by the increasingly adverse impact on the family unit of the failure of mixed marriages involving different nationalities, cultures and jurisdictions. Marriages or unmarried partnerships are usually themselves the result of cross-jurisdictional relationships formed through greater international mobility, whether through employment or more generally. Attempts to address the abduction syndrome have been made: nationally, in the Child Abduction Act (CAA) 1984, which makes abduction a crime; and internationally, by the Hague Convention on International Child Abduction and the European Convention on the Recognition and Enforcement of Decisions Concerning Custody of Children. Both Abduction and Relocation impact adversely on ongoing contact of the child with the non-resident parent.