Doctrinal and jurisprudential vision about International Subtraction of a person under 16 years of age with emphasis on the Nicaraguan process

Abstract

The international abduction of minors is regulated by the 1980 Hague Convention, of which Nicaragua is a subscribing country. The structure of the Convention establishes the macro regulations to be followed in order for each signatory State to adapt them to its domestic law. It also presents as a purpose the protection to the right of custody and visits that is violated with respect to one of the parents by the person who took the child from the place of habitual residence. The Family Code regulates international abduction in general and refers to international conventions.

This work demonstrates the existence of more norms that have to be taken into account both in domestic and international law in Nicaraguan legal regulation and the need to regulate this action in a special way as a result of its legal nature and the coordination that surrounds it for its correct applicability. The competent authorities, the exceptions and the national and international trends were studied, through case studies and readings of international jurisprudence. The administrative procedure before the central authority and the judicial procedure were announced, as well as the practices to be followed in order to ensure the correct application of the Abduction Convention; in the investigation has been found problems of interpretation of the norms, by the plurality of laws that converge in these cases and that of mandatory form have to be analyzed, as well as the legal regime regarding the international abduction of the country of habitual residence. This analysis should be given especially when they oppose the request for the immediate return of the child or adolescent, making use of the special exceptions that the 1980 Hague Convention establishes for this purpose. In this paper we intend to establish a guide of the applicable legal regime and the need to regulate the particularities that characterize this type of processes in order to respect the rights of children and adolescents.