The centrality of the correct interpretation of the best interests of the child in the conflicts of international child abduction

Abstract

Conflicts of displacements and illegal withholdings constitute a scourge that no State can fight in isolation, but through international cooperation mechanisms based on confidence in the actions of all administrative and judicial authorities aimed at realizing the best interests of the specific child involved in this type of family litigation.
Instruments of international cooperation, such as direct judicial communications, the intervention of the liaison judges of each country bound by the agreements, the early recognition of resolutions or precautionary measures of protection, etc., must be perfected to ensure physical integrity, psychic and emotional of the child. It should not be overlooked that it is a crisis in the family and that, except in exceptional cases, the law should favor the recomposition of family relationships, in order to prevent the clumsy resolution of a conflict of displacement or illegal retention from being transformed in a long term into permanent damage to the child.