Child participation and the child objection exception

The 1980 Hague Convention includes the child objection exception in Article 13(2), but does not otherwise provide for the participation of children in return proceedings. It is left to national law and practice to determine whether and how children should be heard. The Convention preceded the recognition that children have a right to participate in legal proceedings concerning them, as now provided in Article 12 of the UNCRC. The chapter discusses the main methods of hearing children, and the structure of the exception and its two-stage decision-making process. Issues concerning the child’s age and maturity, the nature and strength of the objection, the independence and validity of the child’s views, and exercise of the discretion to return are also addressed. Since children’s right to participate is not limited to cases where they object to return, active steps are recommended to promote greater uniformity and a more child-centric approach in Convention proceedings consistent with the philosophy of the UNCRC.