A Research On The Right Of Custody In The Hague Convention On The Civil Aspects Of International Child Abduction

The Hague Conference on private international law adopted The Hague Convention on Civil Aspects of International Child Abduction(hereinafter referred to as the "Convention")in 1980,is a convention on the protection of abducted children from unlawful transfer or detention in the international context and to ensure that children are quickly returned to their habitual residence.The most important thing in the Convention is the identification of the custody of children,which can be said to be the case throughout the abduction of children,including a series of issues such as the recognition,exercise,recognition and so on.In practice,for the abduction of child custody cases in each country emerge in an endless stream,and the provisions of the guardianship of minors matters are different,this leads to the international child abduction phenomenon emerge in an endless stream,seriously disturbed the normal life of minors,which is harmful for the healthy growth of minors.The Convention does not give custody under a clear definition,which is to expand the scope of the Convention is considered to be more cases included in the jurisdiction of the Convention,to better protect the rights of child abduction.This paper focuses on the issue of guardianship in the Convention,first elaborated the Convention and the applicable scope of guardianship;and then analyzes the basis of establishment of guardianship;after mainly from the Convention on standards custody regulations and judicial practice of guardianship discusses custody in the Convention finally;about the range,the requested state custody of the binding,article fifteenth of the convention the applicant offered several requests for special cases and other aspects of the problem that the custody of the convention.