ABSTRACT

The act of removing children from their usual abode to another country and in the context of a parental dispute will almost inevitably be damaging to the welfare of those children. The unilateral purpose of one parent cannot change the habitual residence of a child, because to hold otherwise will go against the policy of the Hague Convention and provide encouragement for abduction and retention. The Hague Convention of 1980 has been successful in many respects in securing the prompt return of children to the country of habitual residence prior to removal. A child is likely to feel uprooted from a familiar environment, especially in circumstances where the child loses contact with friends and relatives. The move may disrupt not only the child’s relationships but also their education and general sense of security, particularly if such a move is conducted in the context of a parental dispute.