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 (2), pp. 154-175. https://doi.org/10.1080/09649069.2020.1751938

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 (2), pp. 154-175
ISSN0964-9069
Year2020
PublisherTaylor & Francis
Accepted author manuscript
File Access Level
Open (open metadata and files)
Digital Object Identifier (DOI)https://doi.org/10.1080/09649069.2020.1751938
Publication dates
Published online24 Apr 2020
FunderBA (British Academy)

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Freeman, M. and Taylor, N. 2024. Where International Child Abduction Occurs Against a Background of Violence and/or Abuse. London International Centre for Family Law, Policy & Practice .

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Taylor, N. and Freeman, M. 2023. Introduction and Key Themes. in: Freeman, M. and Taylor, N. (ed.) Research Handbook on International Child Abduction: The 1980 Hague Convention Edward Elgar. pp. 2-17

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Concluding Chapter
Freeman, M., Bruning, M.R., Schrama, W.M. and Taylor, N. 2021. Concluding Chapter. in: Schrama, W.M., Freeman, M., Taylor, N. and Bruning, M.R. (ed.) International Handbook on Child Participation in Family Law Cambridge; Antwerp; Chicago Intersentia. pp. 359-367

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Freeman, M. and Lowe, N.V. 2021. National Perspectives, England and Wales. in: Schrama, W.M., Freeman, M., Taylor, N. and Bruning, M.R. (ed.) International Handbook on Child Participation in Family Law Cambridge; Antwerp; Chicago Intersentia. pp. 171-183

Introduction to the International Handbook
Freeman, M., Taylor, N., Bruning, M.R. and Schrama, W.M. 2021. Introduction to the International Handbook. in: Schrama, W.M., Freeman, M., Taylor, N. and Bruning, M.R. (ed.) International Handbook on Child Participation in Family Law Cambridge; Antwerp; Chicago Intersentia. pp. 1-10

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Freeman, M. and Taylor, N. 2017. Using Research to Improve Outcomes for Abducted Children, Global Future Directions Report.

Preliminary Document No. 6 of August 2017 Report on the Experts' Meeting on Issues of Domestic/Family Violence and the 1980 Hague Child Abduction Convention, 12 June 2017, The University of Westminster, London
Freeman, M. 2017. Preliminary Document No. 6 of August 2017 Report on the Experts' Meeting on Issues of Domestic/Family Violence and the 1980 Hague Child Abduction Convention, 12 June 2017, The University of Westminster, London. Hague Conference on Private International Law (HCCH).

Report on the Experts’ Meeting on Issues of Domestic / Family Violence and the 1980 Hague Child Abduction Convention, 12 June 2017, The University of Westminster, London
Freeman, M. 2017. Report on the Experts’ Meeting on Issues of Domestic / Family Violence and the 1980 Hague Child Abduction Convention, 12 June 2017, The University of Westminster, London. International Family Law Journal. 2017 (IFL), p. 174.

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Freeman, M. 2016. Parental Child Abduction: The Long-Term Effects. Singapore Law Gazette. November 2016, pp. 32-35.

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Freeman, M. 2015. Parental Child Abduction: The long-term effects: a research summary. International Family Law Journal. 2015 (IFL), p. 54.

Parental Child Abduction: The Long-Term Effects
Freeman, M. 2014. Parental Child Abduction: The Long-Term Effects. International Centre for Family Law, Policy & Practice .

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