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- Title
DERECHOS DE VISITA Y CONVENIO DE LA HAYA SOBRE LOS ASPECTOS CIVILES DE LA SUSTRACCION INTERNACIONAL DE MENORES: LA PRÁCTICA ESPAÑOLA.
- Authors
Álvarez González, Santiago
- Abstract
The author states that the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction has a shortage concerning the right of access. Children fundamental right to keep in contact with their parents is the main factor to be considered with a view to organizing the custody right, but also in order to prevent illicit movements from one country to another. The paper recalls the difficulties encountered when interpreting art, 21 Child Abduction Convention; it also shows how restricted its efficacy is. Finally, it emphasizes the latest Spanish judicial modus operandi, in that they follow a wide interpretation that enables the Central Authorities to act before the courts claiming the organisation of the right of search.
- Subjects
LEGAL status of children; CHILD abduction; CHILDREN'S rights; CUSTODY of children; RIGHT of search; JUDICIAL process
- Publication
Dereito, 2005, Vol 14, Issue 2, p255
- ISSN
1132-9947
- Publication type
Article