Abstract
The following article is a review of recent Chilean case law on international child abduction. The general objective is to demonstrate that Chilean courts prefer to resolve custody issues under the framework of the Convention on the Civil Aspects of International Child Abduction, which disregards its objectives.
However, step by step, Chilean courts have tried, in an incipient way, to ensure the return of the child to his normal place of residence; therefore, interpreting in a restrictive way the exceptions to the child’s return. The methodology used was case-law analysis, with a critical review of the rulings within the framework of the doctrinal positions that support children’s best interests in the scope of the Convention on Civil Aspects of International Child Abduction; these identify with the protection of the child from the effects of the abduction and the reassurance that the administrative or judicial authority of the normal place of residence will be the ones to make the decision on the custody of the child.
This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.