International Parental Child Abduction - Senior Legal: Welcome

Freris, H. (2013). The 1980 Hague Convention: The need for an advocacy Response to protect Children in the context of International Parental Child Abduction. Children Australia, 38(4), 149–155. https://doi.org/10.1017/cha.2013.30

The focus of the article is on the intersection between domestic violence and parental
child abduction, in particular, the interpretation of the Article 13(1)(b) ‘grave risk of
harm’ defence in cases involving allegations of domestic violence by the abducting
mother against the left-behind father, and on the protection of such abducting mothers
in return proceedings. The content of the article is divided into two substantive parts.
The first part explores the courts’ approach to the grave risk of harm exception to
return in circumstances where allegations of domestic violence have been raised. The
second part of the article examines the courts’ approach to protective measures, including undertakings, in child abduction cases involving allegations of domestic violence.

. Transnational problems bring about
cultural problems. The idea of a ‘clash of civilizations’ (Huntington) translates to the everyday perception that cultures clash in today’s multicultural societies, and international love problems, specifically child abduction by parents, is where it is clearly demonstrated.

The year 2013 marked the thirtieth anniversary of the entry into force
of the Hague Convention on the Civil Aspects of International Child Abduction. This treaty facilitates the prompt return to their country of
habitual residence of children wrongfully removed to, or retained in any Contracting State so that a court of that country can resolve issues of custody and visitation.

International parental child abduction sits within complex regulatory,
governance and operational frameworks that span international and domestic legal
systems. These frameworks—which operate primarily under the civil law—can be
divided into two broad categories, depending on whether abductions are committed: