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Record ID: 67011260-80a6-4bb2-ade7-490b0586b003
Type: | Journal Article |
Title: | Adult domestic violence in cases of international parental child abduction |
Other Titles: | Violence against women |
Authors: | Edleson, Jeffrey Shetty, Sudha |
Keywords: | Impact on children and young people;Child protection;Human rights |
Year: | 2005 |
Publisher: | Sage Publications |
Citation: | 11 (1), January 2005 |
Notes: | Reviews the Hague Convention on the Civil Aspects of International Child Abduction as it relates to women experiencing domestic violence and their children seeking safety in the United States. Refers to a number of US court cases, research articles and reports to illustrate the degree to which intimate partner violence is involved in cases of parental child abduction. Discusses the defences women may use in child custody cases which depend on the Hague Convention including the use of Article 13(b) which allows a child to remain with an abducting parent if return to her habitual residence would expose a child to harm or otherwise place her/him in an intolerable situation. Also considers defences that invoke the violation of human rights (Article 20), habitual residence (Article 3a and Article 14), parental consent (Article 13a), and child maturity (Article 13). Concludes with recommendations for greater research into parental child abductions, specialised training and technical assistance for judicial officers and legal representatives focussing on abduction cases involving domestic violence and the convening of an international commission to clarify the appropriate use of the Convention in cases involving domestic violence. |
URI: | https://anrows.intersearch.com.au/anrowsjspui/handle/1/13308 |
ISSN: | 1077-8012 |
Appears in Collections: | Journal Articles |
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