Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Hague Convention on Child Abduction of 1980 and Its Implementation in Finland

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Nordic Journal of International Law

Finland ratified the Hague Convention on the Civil Aspects of International Child Abduction in 1994. The Convention was implemented by making use of the so-called transformation techniques, i.e. by drafting and adopting Finnish internal law provisions deemed to be necessary for the proper implementation of the international obligations under the Hague Convention. The overall aim of the implementation provisions has been to make the practical application of the Convention as effective and speedy as possible and for this purpose to go even further than necessarily required. The most important features of these national arrangements are the following:

– The Hague Convention rules on the return of an abducted child have been made retroactive.

– Only one court, the Court of Appeal of Helsinki, is competent to receive applications and make orders for the return of children. Besides, an order for the return is always immediately enforceable, unless the Supreme Court, upon appeal, orders the stay of enforcement.

– The `fundamental principles' exception in Article 20 of the Convention cannot be invoked against the application in Finnish return proceedings. According to Article 20 the return of the child can be refused where the return would not be permitted by the fundamental principles relating to the protection of human rights and fundamental freedoms of the requested State.

The first cases indicate that the retroactive application of the Convention provided by the Finnish Act has been less successful. The courts have shown obvious reluctance towards the ordering of the return in these cases whereas in the `new' cases the Court of Appeal as well as the Supreme Court have generally followed the spirit of the Convention in a loyal manner.

Affiliations: 1: Senior Legal Advisor, Ministry of Justice, Helsinki

Loading

Full text loading...

/content/journals/10.1163/15718109720295139
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/15718109720295139
Loading

Article metrics loading...

/content/journals/10.1163/15718109720295139
1997-01-01
2016-12-10

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Nordic Journal of International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation