TY - SER AU - Maxwell, Allie TI - The Hague Convention on the Civil Aspects of International Child Abduction 1980 : : the New Zealand courts' approach to the "grave risk" exception for victims of domestic violence PY - 2017/// PB - Victoria University of Wellington, KW - LAW KW - CHILD ABUSE KW - CHILD EXPOSURE TO VIOLENCE KW - CHILDREN'S RIGHTS KW - Convention on the Civil Aspects of International Child Abduction 1980 KW - DOMESTIC VIOLENCE KW - FAMILY LAW KW - INTIMATE PARTNER VIOLENCE KW - JUSTICE KW - MOTHERS KW - PARENTAL RIGHTS KW - NEW ZEALAND N1 - Victoria University of Wellington Law Review, 2017, 48(1): 81-106 N2 - "This article explores the current approach by New Zealand courts to the "grave risk" exemption in cases of domestic violence. New Zealand courts, similarly to other jurisdictions, have adopted a narrow approach, requiring the abductor to show that the habitual residence cannot adequately protect the child, in order to establish the defence. Due to the principle of comity, which emphasises respect for another nation's legislative and judicial jurisdiction, it is rare that courts will make such a finding as this may be seen to undermine the principle. Thus, the current approach effectively blocks the latter discretionary inquiry which balances Convention purposes and a child's welfare and best interests in deciding whether a return order should be made. Whilst this aligns with Convention principles of deterrence, speedy return and a focus on forum over merits, victims of domestic violence are different to the "stereotypical abductor" the Convention was drafted to deal with and consequently a different approach is needed." (From the Introduction). Record #5473 UR - http://www.austlii.edu.au/au/journals/VUWLawRw/2017/4.pdf ER -