Domestic Violence and Child Participation: Contemporary Challenge for the 1980 Hague Child Abduction Convention

Freeman, M. and Taylor, N. 2020. Domestic Violence and Child Participation: Contemporary Challenge for the 1980 Hague Child Abduction Convention. Journal of Social Welfare and Family Law. 42.

TitleDomestic Violence and Child Participation: Contemporary Challenge for the 1980 Hague Child Abduction Convention
TypeJournal article
AuthorsFreeman, M. and Taylor, N.
Abstract

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’.

KeywordsDomestic Violence, Child Participation, International Child Abduction Challenges
JournalJournal of Social Welfare and Family Law
Journal citation42
ISSN0964-9069
Year2020
PublisherTaylor & Francis
Publication dates
Published2020

Related outputs

The Voice Of The Child in International Child Abduction Proceedings Under the 1980 Hague Convention
Freeman, M., Taylor, N., and Schuz, R. 2019. The Voice Of The Child in International Child Abduction Proceedings Under the 1980 Hague Convention. London University of Westminster.

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Parental Child Abduction: The long-term effects: a research summary
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Parental Child Abduction: The Long-Term Effects
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