000 02992nam a22003137a 4500
999 _c8035
_d8035
005 20250625151632.0
008 230307s2022 -nz|| |||| 00| 0 eng d
040 _aAFVC
100 _aFreeman, Marilyn
_97921
245 _aDomestic violence as an aspect of 1980 Hague Child Abduction Convention return proceedings
_cMarilyn Freeman and Nicola Taylor
260 _aCambridge, England :
_bIntersentia,
_c2022
300 _aelectronic document (26 pages) ; HTML
520 _aThe Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (hereafter ‘the Convention’) provides for cooperation between its 101 signatory States to ensure that a child abducted from their State of habitual residence in breach of rights of custody is returned forthwith, unless one of the limited Convention exceptions to return applies. The return will usually, but not always, be to the child’s State of habitual residence. Dyer discusses the Convention’s intrusion upon the jurisdiction of the courts in the country to which the child has been taken, even if that is the country of the child’s nationality, and the insistence that the child be returned, so that the courts of another country can exercise jurisdiction over the merits of custody.1 This is because the Convention is premised on the assumption that it is best for children not to be abducted and, if they are, for them to be returned promptly, so their future can be decided by a court in the country with the closest connection to the child. The Convention’s emphasis on prompt return is designed to protect children internationally from the harmful effects of their wrongful removal or retention.2 Unlike most other family law matters, the focus in the Convention is on the jurisdiction, not the child’s welfare, unless one of the limited exceptions to return applies. It is important to note, given the subject of this contribution, that these exceptions do not include a provision specifically providing for the non-return of a child because of domestic violence or abuse suffered by the abducting parent. (From the Introduction). Record #8035
650 _aCHILD EXPOSURE TO VIOLENCE
_9130
650 _aCHILDREN'S RIGHTS
_9135
650 0 _96782
_aConvention on the Civil Aspects of International Child Abduction 1980
650 0 _aDOMESTIC VIOLENCE
_9203
650 0 _aFAMILY LAW
_9244
650 _aINTERNATIONAL LAW
_911269
650 _aINTIMATE PARTNER VIOLENCE
_9431
650 _aSEPARATION
_9522
650 4 _aVICTIMS OF DOMESTIC VIOLENCE
_9624
650 _aWOMEN
_9645
651 4 _aNEW ZEALAND
_92588
700 _aTaylor, Nicola
_911494
773 0 _tK. Trimmings, A. Dutta, C. Honorati and M. Župan (eds.), Domestic violence and parental child abduction (pp. 39-65)
856 _uhttps://www.intersentiaonline.com/publication/domestic-violence-and-parental-child-abduction/7
_zAccess online
942 _2ddc
_cBRIEFING
_hnews118