Whether Zimbabwe is a signatory to the Convention on the Civil Aspects of International Child Abduction?

The Hague Convention on the Civil Aspects of International Child Abduction (the Convention) is an important legal instrument designed to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access.

The Convention was incorporated into Zimbabwean law through the enactment of the Child Abduction Act [Chapter 5:05]. Thus, the answer to the question, whether Zimbabwe is a signatory to the Convention on the Civil Aspects of International Child Abduction, the simple answer is, yes.

Makarau J (as she then was) in Kumalo v Kumalo 2004 (1) ZLR 248 (H) 252C-G held that:

The purpose of the Convention, according to its preamble, is to secure the prompt return, to the jurisdiction of habitual residence, of children abducted by one parent. Hearings of applications brought under the Convention are not inquiries into whom as between the feuding parents, should have custody of the child or children whose custody is in dispute. The purpose of such hearings is to determine whether there are any exceptional circumstances why the court of habitual residence of the child or children should not determine the custody issue of the child or children concerned. Such hearings are inquiries aimed at determining which court, between the court of the country of habitual residence and the court of the assumed residence of the abducting parent, is best placed to determine the issue of the custody of the child or children whose custody is disputed. The inquiry starts off with the court of habitual residence in a favoured position such that it is almost akin to a presumption that abducted children will be returned to the jurisdiction of that court unless there are exceptional circumstances making such a return injurious to the best interests of the minor children.