The Recognition of Hadana and Wilaya as Custody Rights in Light of the Hague Convention on Child Abduction
by Fei An Kersten
Question(s) at stake
Whether the absence of the consent of the mother, the holder of hizanat, when the father, the holder of wilayat, relocates a child abroad constitutes an unlawful removal under the provisions of the Hague Convention on Child Abduction.
Outcome of the ruling
Hizanat is considered to be a custody right within the meaning of Article 3 of the Hague Convention on Child Abduction. Consequently, failure to obtain the consent of the holder of the right of custody results in a situation of wrongful international removal or retention of a minor under the terms of the Convention.
Country:
Official citation
The Court of Appeal of The Hague, Judgement 12 September 2017, C/09/534532 / FA RK 17-4654 (Uitspraak Gerechtshof Den Haag, 12 september 2017)
Topic(s)
Keywords:
Custody International child abduction Kinship and filiation Measures and actions involving children Situations created abroad