Dislocated lives: the experience of women survivors of family and domestic violence after being ‘Hagued’

Masterton, Gina; Rathus, Zoe; Flood, John; Tranter, Kieran

doi:10.1080/09649069.2022.2102765

Cited by 2 publications

(1 citation statement)

References 25 publications

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“…1 With hindsight, the 1980 Convention effectively established a global scheme for the return of abducted children under which fathers regularly request return and find themselves successful in approximately half of cases (Permanent Bureau of the Hague Conference on Private International Law 2017b, p. 11). Today, abducting mothers regularly report the existence of domestic violence directed against them, the child or both by the left-behind parent in return proceedings under the 1980 Convention (e.g., Weiner 2000;Brown Williams 2011;Hale 2017;Trimmings and Momoh 2021;Masterton et al 2022). Although there are no comprehensive statistics, it is suspected that domestic violence is a present issue in as many as 70% of the total parental child abduction cases (Trimmings and Momoh 2021, p. 5;Pérez-Vera 1982, p. 34).…”

Section: The Problem Of Domestic Violence In the Context Of The 1980 ...mentioning

confidence: 99%

The Interplay between the 1980 Hague Convention on the Civil Aspects of International Child Abduction and Domestic Violence

Trimmings,

Momoh,

Kalaitsoglou

2023

Laws

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When a mother commits an international child abduction, even if she is fleeing domestic violence perpetrated by the left-behind father, she is bound to face complicated return proceedings under the 1980 Hague Child Abduction Convention. Such mothers are particularly vulnerable; apart from the costly, cross-border proceedings they face, if the court issues a return order, they risk returning to the abusive setting they fled from. This article explores avenues for safeguarding the protection of abducting mothers in return proceedings. The authors provide a range of potential avenues for improving the standing of the abducting mother fleeing domestic violence, including judicial and legislative interventions. The article delves deeper by considering the interplay between international child abduction law and international refugee law in cases involving domestic violence allegations. Particular emphasis is given to Article 20 and the growing instances of mothers defending return orders on asylum grounds pursuant to Article 20 and the flowing human rights implications. The authors point out a niche area for further research: the interplay between domestic violence and asylum claims.

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Section: The Problem Of Domestic Violence In the Context Of The 1980 ...mentioning

confidence: 99%

The Interplay between the 1980 Hague Convention on the Civil Aspects of International Child Abduction and Domestic Violence

Trimmings,

Momoh,

Kalaitsoglou

2023

Laws

View full text Add to dashboard Cite

show abstract

“I didn’t have a chance”: perceptions of the attitudes and roles of legal professionals for women involved in Hague international child abduction cases

Masterton

Flood

Rathus

et al. 2023

International Journal of the Legal Profession

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Dislocated lives: the experience of women survivors of family and domestic violence after being ‘Hagued’

Cited by 2 publications

References 25 publications

The Interplay between the 1980 Hague Convention on the Civil Aspects of International Child Abduction and Domestic Violence

The Interplay between the 1980 Hague Convention on the Civil Aspects of International Child Abduction and Domestic Violence

“I didn’t have a chance”: perceptions of the attitudes and roles of legal professionals for women involved in Hague international child abduction cases

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