Child Abduction and Forum Shopping: The Hague Convention on Child Abduction to Protect Children in Cases of Parental Divorce

Abstract

Abstract

The present article explores the issues of international child abduction and forum shopping in the context of divorcing parents, with a primary focus on the Hague Convention on the Civil Aspects of International Child Abduction. The research draws inspiration from the growing global occurrence of child abduction in cross-border divorce cases and the strategic use of jurisdiction known as forum shopping—to legitimize such actions or avoid responsibility. Existing literature addresses child abduction from psychological and legal angles but insufficiently covers the convergence of abduction with forum shopping and the Convention’s role in mitigating it. The objective of this research is to evaluate the Convention’s effectiveness in safeguarding children and discouraging abuse in private international law. For the present study, a doctrinal and analytical approach was employed, further supported by case law. The study also incorporates empirical data and documented cases to assess the Convention’s practical application. The findings demonstrate that while the Hague Convention on Abductions has improved international cooperation and the return of abducted children, its success is limited by non-universal ratification, legal loopholes, and challenges in enforcement. The Convention’s provisions do limit forum shopping by prioritizing the child’s habitual residence, yet do not preclude it. This research contributes to private international law by clarifying how the Convention may be abused for jurisdictional manipulation. It offers practical recommendations, such as broader ratification and consistent application standards. The study adds value by filling a notable gap in the literature. It sets the objectives of defining transboundary child abductions, identifying the scope of the Hague Convention, understanding how forum shopping can be used to avoid justice, and the mechanisms of the Convention to fight such abuse.