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Sara Hamad Al-Qarah examines the relationship between international child abduction and forum shopping between divorcing parents, focusing on the Hague Convention on the Civil Aspects of International Child Abduction. The central question is how strategic use of jurisdiction affects child protection and return proceedings.
The study adopts a doctrinal and analytical approach supported by case law, empirical data and documented cases. It finds that the Convention limits forum shopping by prioritising the child's habitual residence, but cannot eliminate it because of non-universal ratification, legal loopholes and challenges in enforcement.
The extent to which the Hague Child Abduction Convention limits international child abduction and forum shopping in parental-divorce disputes by prioritising the child's habitual residence and regulating return proceedings
The article connects the Hague Convention's return and co-operation mechanisms with the strategic use of jurisdiction in divorce disputes. By showing that the Convention can constrain but not eliminate forum shopping, it clarifies the limits of habitual residence as a connecting factor and the practical consequences of enforcement difficulties.
International Review of Law · 2026
DOI 10.29117/irl.2026.0383