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This book is only available in PDF format

Author: Lisa Soljan
Published: 28 April 2025
Pages: 23

Introduction

45 years on from the signing by the Hague Conference on Private International Law of the “Convention of 25 October 1980 on the Civil Aspects of International Child Abduction” (the Convention) the international movement of children still creates a myriad of challenges for our clients and their children. New Zealand continues to see a steady flow of cases (incoming and outgoing) in which the Convention is invoked and the jurisprudence in this area is constantly evolving.

We will commonly face scenarios involving overseas travel, from the mundane (“my ex wants to take our child to the Gold Coast for a week”) to the desperate (“my partner left when I was at work and has taken the kids to England”) and everything in between. On occasion we will receive that distressed call from a client in New Zealand who has been served with an application seeking the return of their child to a foreign jurisdiction. For us to provide effective legal representation in this area we should have a working knowledge of the benefits and pitfalls of the Convention.

This paper aims to identify some of the common issues arising in these cases and provide practical tips and strategies:

• to identify and mitigate risks in advance so that Convention litigation can be avoided altogether;
• to assist our clients to invoke the Convention to seek the return of a child to New Zealand where an abduction has occurred;
• to respond effectively when our client is served with an application under the Convention.


In this paper I will provide an overview of some of the common issues, risks and hot issues before embarking on a practical discussion using some case scenarios.

Content outline

  • Overview of the practical operation of the Convention
  • A brief look at two of our Convention partners
  • Case scenario one - the holiday
  • Case scenario two - the outgoing abduction
  • Case scenario three - the incoming client
View contents page
SOLJAN Lisa    
Lisa Soljan
Trinity Chambers
Auckland		    

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