| 000 | 02375nab a22003257a 4500 | ||
|---|---|---|---|
| 999 |
_c5473 _d5473 |
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| 005 | 20250625151432.0 | ||
| 008 | 170620t2017 -nz||||| |||| 00| 0 eng d | ||
| 040 | _aAFVC | ||
| 100 |
_aMaxwell, Allie _96876 |
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| 245 |
_aThe Hague Convention on the Civil Aspects of International Child Abduction 1980 : _bthe New Zealand courts' approach to the "grave risk" exception for victims of domestic violence _cAllie Maxwell |
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| 260 |
_bVictoria University of Wellington, _c2017 |
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| 500 | _aVictoria University of Wellington Law Review, 2017, 48(1): 81-106 | ||
| 520 | _a"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 | ||
| 650 |
_9336 _aLAW |
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| 650 |
_9103 _aCHILD ABUSE |
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| 650 |
_aCHILD EXPOSURE TO VIOLENCE _9130 |
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| 650 |
_aCHILDREN'S RIGHTS _9135 |
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| 650 |
_aConvention on the Civil Aspects of International Child Abduction 1980 _96782 |
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| 650 |
_aDOMESTIC VIOLENCE _9203 |
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| 650 |
_aFAMILY LAW _9244 |
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| 650 |
_aINTIMATE PARTNER VIOLENCE _9431 |
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| 650 |
_aJUSTICE _9333 |
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| 650 |
_aMOTHERS _9392 |
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| 650 |
_aPARENTAL RIGHTS _9427 |
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| 651 | 4 |
_aNEW ZEALAND _92588 |
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| 773 | 0 | _tVictoria University of Wellington Law Review, 2017, 48(1): 81-106 | |
| 830 |
_aVictoria University of Wellington Law Review _95174 |
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| 856 | _uhttp://www.austlii.edu.au/au/journals/VUWLawRw/2017/4.pdf | ||
| 942 |
_2ddc _cARTICLE |
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