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NY FAMILY LAW MONTHLY

December 2007

Interpreting and Applying the Hague Convention

Part One of a Two-Part Article

By Bari Brandes Corbin and Evan B. Brandes

The Hague Convention on the Civil Aspects of International Child Abduction aims to protect children from being wrongfully removal or retained in a country other than their own and to establish procedures to ensure their prompt return to their country of habitual residence. Laudable though these goals are, they are subject to the nuances of the interpretations given to the law in the numerous courts around the world. How the courts of this and other countries deal with the various aspects of the Hague Convention can be cause for confusion even for experts in the field, let alone for the attorney who deals with very few of these cases.

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