Children’s Objections in Hague Child Abduction Convention Proceedings in Australia and the “Strength of Feeling” Requirement

Abstract The Hague Convention on the Civil Aspects of International Child Abduction creates an exception to mandatory return abducted children if child objects being returned their country habitual residence and has attained age degree maturity at which it is appropriate take account views. Australian regulations also require that child’s objection demonstrates a ‘strength feeling beyond mere expression preference or ordinary wishes.’ This article examines this unique requirement how been approached by Family Court. It finds many judges treat “strength feeling” as additional hurdle must overcome before can be taken into account. approach contrary Australia’s international obligations under Convention. A less restrictive approach, some other follow, recommended ensure Convention’s primary objective protecting met.