The Application of the 1996 Hague Convention in International Custody Cases

This paper analyzes various judicial precedents from Spain, Switzerland, Belarus, and Bolivia regarding custody disputes and international child abduction in light of the 1996 Hague Convention. Based on a study of real cases, it examines how courts determine a child’s habitual residence, international jurisdiction, and the best interests of the child, as well as the interaction between the 1980 and 1996 Hague Conventions. The article also compares these rulings with Argentine law, identifying the challenges posed by transnational family disputes and the evolution of case law in this area. Microjuris Citation: MJ-DOC-18654-AR. 3/12/2026

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