CONF-DEC2022 Session XV – Flight or Right: The Hague Convention Considerations

Researchers: Nichole Chambers, Charles Young

Organisation: Child Protection and Family Services Agency

Presentation Title: “Flight or Fight: The Hague Convention Considerations”

Research Focus: The fundamental principles of the Hague Convention on the Civil Aspects of Child Abduction and how these principles affect the Court’s decision whether to return the subject child (or children) of a hearing relating to international child abduction.

Presentation Type: Oral Presentation

Abstract:

The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty, which seeks to protect children from the harmful effects of wrongful removal and retention across international boundaries by providing a procedure to bring about their prompt return. Jamaica signed to the Hague Convention on the Civil Aspects of Child Abduction in 2017 and subsequently ratified the Convention through The Children (Guardianship and Custody) (Amendment) Act which came into effect on the 8th of February 2017.

This is important because the increase in globalisation, the constant changes in migration patterns, and the search for better opportunities are among some of the reasons that have steadily contributed to an increase in the number of cross-national parenting relationships involving Jamaican parents. Furthermore, akin to any other relationship, cross-national parenting relationships often have breakdowns. This paper therefore seeks to explore the connection among failed cross-national parenting, international comity, and Jamaican legislation, in preventing international child abduction.

Rather than placing an emphasis on how the bodies of law should be interpreted, this paper will focus on the practical considerations when making an application, throughout trial, and when advising clients. By visiting previous local decisions relating to the subject and elucidating the various roles of the Jamaica Central Authority, which are supported by statute, we hope to highlight the imperative of time and the impact of the actions of all parties involved on the outcome of trial.

Ultimately this paper aims to contribute to the understanding of the novel and rapidly expanding area of international child abduction within the context of Jamaica.