Research On The Legal Problems Of China’s Accession To The Hague Convention On The Civil Of Child Abduction

Child abduction, means someone take the child away without the right. If a person separate a child from caregivers or without the consent of caregivers then moved out of the country, implies the international child abduction. The 1980 Convention on the Civil Aspects of International Child Abduction establishes the quick return mechanism of children. The purpose of the Convention is to secure the prompt return of children to their habitual residence country and to ensure that rights of custody and access are the effectively respected in contracting states. In recent years, China’s foreign-related child custody dispute increases day by day, because China isn’t to join this Convention, the occurrence of children illegal removal or retention will damage the party especially minor interests. At the same time, our country has become a member of the Convention on the Rights of the Child, and also the relevant provisions of domestic law refer to rights of custody and access have the same object with the Convention on the Civil Aspects of International Child Abduction. In the field of international judicial assistance, the legal system of our country has been relatively and completed provide a preliminary basis for the Convention mechanism. The effective implementation of the custody decision and personal protection take on domestic violence also shows that the concept of people has changed. Therefore, our country has the condition to join the Hague Convention on the Civil Aspects of International Child Abduction. According to the relevant provisions of the Convention and practices of the most of countries and combining the specific situation of our country, the Ministry of Public Security should be specified the Central Authority for the Hague Abduction Convention. Application for the return of children should be under the jurisdiction of the intermediate people’s court and also these cases should be included in the legal aid project. In addition, our country must strengthen the training of the staff and make the public understand the child abduction act and its consequences. In order to promote the effective operation of the Convention in china, we must make good use of the auxiliary mechanism of the Convention, to learn the other contracting states on children abduction practices and enhance exchanges and cooperation with foreign judges.