Re KP – International child abduction and the objections of a child

Introduction

The increase in divorce rates and global travel has inevitably led to a growing problem of international child abduction. A recent example of this is the case of Re KP [2014] EWCA Civ 554 [2014] 2 FLR (forthcoming) which concerns the issue of a child’s objection to returning. However there are many examples of different abductions with different issues between different countries. Although the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the 'Hague Convention') should be applauded for seeking to create uniform rules to apply when child abduction occurs in order to improve the safe return of wrongfully abducted children given there are 76 signatory countries across the world there is a large scope for differences in interpretation.

Background

The parents lived in Malta with the child until the mother brought the child then aged 13 to England in June 2013 without the knowledge or consent of the...

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