The need for expeditious determination of international child abduction applications in the High Court of Zimbabwe

The issue of international child abduction falls squarely within the province of international migration law. The Convention on the Civil Aspects of International Child Abduction (the Hague Convention) is ‘designed to protect children from the presumptive harmful effects of international abduction by securing, via means of inter-country co-operation, their speedy return to their country of habitual residence.’ see John Murphy, International Dimensions in Family Law (Manchester University Press, 2005) 213.

In terms of section 6 of the Child Abduction Act [Chapter 5:05] the judiciary authority to entertain applications under the Hague Convention is vested with the High Court of Zimbabwe, whilst the administrative authority is vested in the Permanent Secretary for the Ministry of Justice, Legal & Parliamentary Affairs. Article 11 of the Hague Convention provides that the ‘judicial’ or administrative authority should act expeditiously in proceedings for the return of a child.

If the judicial or administrative authority concerned has not reached a decision within (6) six weeks from the date of commencement of the proceedings, an applicant or the Central Authority of a requested State on its own initiative or if asked by the Central Authority of a requesting State, has a right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State that Authority should transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.