Abstract

The article seeks to examine the effect of international disorder on the operation of the Hague Convention on Civil Aspects of International Child Abduction (the ‘Convention’). It seeks to do so by primary reference to the decision of the Full Court of the Family Court of Australia in Genish- Grant v Director-General, Department of Community Services (2002), which adopted the zone of war interpolation into the Convention, and surrounding case law. In so doing, various lacunae are discovered to exist in the Convention. Accordingly, suggestions are made for amendment to the Convention which would bring it more into accord with modern reality.

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