헤이그아동탈취협약의 해석상 ｢중대한 위험｣과 子의 利益
“Grave Risks”, Exceptions to return provied for under Article 13 of Hague Convention on the Civil Aspects of International Child Abduction and The Best Interest of Child
In order to ensure the prompt return of a wrongful removal or retention, International Child Abduction Cases, Hague Convention on the Civil Aspects of International Child Abduction(｢Hague Convention｣) is adopted in 1980 by the Hague conference on Private International Law. In the beginning of adopting the Conveniton, The type of International child abduction on Which This Convention’s legislator is premised, is changed. A Classic type of Internatioal Chid Abduction is conducted by one of the parents, Father, taking from the Mother. But, the recent type of that is conducted by Mother for escaping the Domestic Violence by Father. In principle, The object of the Hague Convention is to secure the prompt return of Children wrongfuly removed or retained in any Contracting States. But, thd judicial authority(Court) of the requested State is not bound to order the child’s return when the person opposing that return establishes tha there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The exceptions to return provied for under Arricle 13 sub-paragraph (b) of the Hague Convention must be interpreted restrctively. Only grave risks must be taken into consideration, excluding any grounds relating to the parents’ child-raising capacities, as the purpose of the Hague Convention is not to attribute parental authority. By the way, This situation is changed from the beginning of adopting this Convention to quite recently. This change have on influence on The Judgement of Eupropean Court of Human Rights and the analysis of “Grave Risks”, Exceptions to return provied for under Article 13 sub-paragraph (b) of Hague Convention is became on issue. So, We need to study or analyze the cause of the jugement and process of the decision for provideing a appropriate standards to our Court which will deal with the Hague Abduction Cases. This issue is required futher examination, so, this article is dealing with this problems.
Ⅰ. 협약이 전제하는 국제아동탈취상의 변화
Ⅱ. 子의 利益의 관점에서의 문제의식
Ⅲ. 중대한 위험의 해석과 관련한 INCADAT의 몇 가지 판결의 검토
Ⅳ. 협약상 子의 利益의 보호와 시사점