The child's voice in the Hague convention: does ascertaining the child's view realise the best interests of the child in legal and related proceedings in terms of the Hague convention on the civil aspects of international child abduction?

Abstract

This paper seeks to ascertain whether the child's participation in proceedings in terms of the Hague Convention on the Civil Aspects of International Child Abduction realises the best interests of the child. An exploration of the above necessarily involves a consideration of the term 'the best interests' of the child. The content of the term will be considered and a comparison undertaken of the content ascribed in South Africa, England and Australia. The paper will consider the mechanisms employed to determine the wishes of the child and to ascertain the weight attached to the child's views. It is also necessary to ascertain whether the input received from the minor child influences the decision made with regard to the minor child.