Applying the Principle of Best Interests to the Hague Convention on the Civil Aspects of International Child Abduction in Light of the Decisions of the European Court of Human Rights and of Turkish Courts

Development summary

The 1980 Hague Convention on the Civil Aspects of International Child Abduction aims to secure the prompt return to the state of habitual residence of a child under 16 who has been wrongfully removed or retained in breach of custody rights. Although the Convention provides limited grounds for refusing return and does not expressly list the child’s best interests among them, that principle is addressed through the prompt-return framework and its exceptions. This article examines the best-interests principle in light of decisions of the European Court of Human Rights and Turkish courts.