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The Psychological Fallacy In The Hague Abduction Convention's Article 13b?

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The Psychological Fallacy In The Hague Abduction Convention's Article 13b?
The psychological defences of abducting parents and the psychological defences contained in The Hague Abduction Convention's Article 13b, as developed in this article, result in a dysfunctional psycho-legal marriage in need of a dissolution. But lest the focus be seen as purely governed by Convention litigation, non-Hague litigation poses similar dangers. For example, the United Nations Convention on the Rights of the Child, essentially provides the same two psychological loopholes, by allowing "best interests" and "child desires" considerations to be utilized in international child abduction litigation.
There is an inherent "psycho-logical fallacy" in The Hague Abduction Convention. Virtually everything we know, psychologically and empirically,
…show more content…
Psychological considerations as expounded in the article should not be abused by the abducting parent for the custody of the child on grounds like Article 13 (b) of The Hague Convention on the Civil Aspects of International Child Abduction, 1980. When abducting parents come before foreign tribunals, they will inevitably argue that the abduction was in the best psychological interests of the child. However, judges, to keep children whole rather than split in two, should not allow scrutiny on the psychology of the child to divert scrutiny from the psychology of the …show more content…
For example, suppose a father seeking custody is more concerned about the child's ethnic and cultural identity rather than in raising a young child. Perhaps the parents could mediate an arrangement so that the child could complete the process of bonding and attachment provided by the mother, with the understanding that when the child began to develop more quickly in terms of ethnic, cultural, and sexual identity, the parties would revisit the issue of primary residence. The non-residential parent all along would have liberal rights of access and visitation. There are legal obstacles to crafting such enforceable agreements, which require careful drafting and enforcement mechanics. But it may be helpful for parents to know that they don't need to fight about everything, forever, all at once. This, after all, just encourages the destructive emotions and anxiety provoking thinking which international custody conflicts

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