International Parental Child Abduction: An Explorative Analysis of Legal Standards and Judicial Interpretation in India

Jolly, Stellina

doi:10.1093/lawfam/ebw016

Cited by 5 publications

(1 citation statement)

References 5 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…It was hoped that recent consideration of the Civil Aspects of International Child Abduction Bill 2016 would herald the joining of India to the Convention. However, Jolly (2017) noted that neither the Convention, nor the Bill, dealt with situations where a parent is exposed to 'grave risk' and it is only by interpreting 'domestic violence' and other violence against a parent as exposing the child to 'grave risk' that the provisions could be utilised to protect women. Jolly (2017, p. 30) concluded that:…”

Section: Domestic Violence and The 1980 Conventionmentioning

confidence: 99%

Domestic violence and child participation: contemporary challenges for the 1980 hague child abduction convention

Freeman

Taylor

2020

Journal of Social Welfare and Family Law

View full text Add to dashboard Cite

This article addresses two contemporary challenges for the 1980 Hague Child Abduction Convention: (i) domestic violence and (ii) child participation. It also outlines three components of a global socio-legal policy and research initiative undertaken to address these issues and, where relevant, their intersection. The published literature on these topics, including the children's objections exception, is explored, as are the ways in which these challenges are addressed within some of the 101 Contracting States to the Convention and through the Guide to Good Practice on Article 13(1)(b) of the Convention. Regard is paid to the data provided by the statistical analysis of applications made under the Convention in 2015 by Lowe and Stephens, and the changes which will occur once the Recast of The European Brussels 11a Regulation comes into operation. The likely impact of the UK leaving the European Union, currently due to occur on 31 October 2019, for 1980 Hague Convention abduction proceedings is contemplated. Other current international initiatives are discussed, including the development of a child-friendly version of the Convention through The International Association of Child Law Researchers. Training is a key to changing attitudes and upskilling family justice professionals to ensure the Convention operates in a fully child-centric way. This will maintain and strengthen the Convention by keeping it 'fit for purpose'.

show abstract

Section: Domestic Violence and The 1980 Conventionmentioning

confidence: 99%