Hague Convention proceedings, best interests of the child.

This case concerned the constitutionality of the Act which gives statutory recognition to the Hague Convention on Civil Aspects of Child Abduction. 
The mother, who had removed the child from Canada to South Africa contrary to a non-removal order, argued that the Act obliges the courts to act in a manner which does not recognise the paramountcy of the best interests of the child. The Court held that the Convention itself envisages two different processes: the evaluation of the best interests of children in determining custody matters, which primarily concerns long-term interests, and the interplay of the long-term and short-term best interests of children in jurisdictional matters. Thus, the Convention clearly recognises and safeguards the paramountcy of the best interests of children in resolving custody matters
However, in jurisdictional proceedings, there may be cases where, notwithstanding that the child’s best interests will be protected by custody proceedings on their return, their short terms interests may be overridden by ordering a speedy return. This limitation was however proportional to the objectives the convention sought to achieve. The limitation on the child’s best interests was justifiable.