Kevin Chung Hau Yuk (Peking University School of Transnational Law) has recently posted to SSRN his paper, China’s New Child Protection Law Doesn’t Address International Parental Child Abduction. Here is the abstract:
China’s 2021 Law on the Protection of Minors strengthens domestic child welfare but fails to address International Parental Child Abduction ("IPCA"), particularly between Hong Kong and mainland China. Without incorporating the Hague Convention's principles or establishing bilateral agreements, cross-border custody disputes remain unresolved, leaving left-behind parents without legal remedies. Case studies involving Hong Kong, Taiwan, and mainland China illustrate how the absence of mutual enforcement mechanisms complicates recovery efforts and exacerbates geopolitical tensions. This paper underscores the urgent need for legislative reform, cross-jurisdictional cooperation, and institutional support to effectively tackle IPCA. Without significant legal advancements, the current framework remains insufficient in preventing and remedying child abduction across borders.