Keywords
best interests of the child
exceptions to return
How to Cite
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.
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