Australia's embrace of the 1980 Hague Abduction Convention: How the judiciary's narrow interpretation of the "grave risk of harm" exception harms abused taking mothers and their children
Masterton, Gina H. (2016) Australia's embrace of the 1980 Hague Abduction Convention: How the judiciary's narrow interpretation of the "grave risk of harm" exception harms abused taking mothers and their children. Masters by Research thesis, Queensland University of Technology.
This thesis explored how Australian courts have dealt with a recent surge in international parental child abductions by primary carer mothers escaping domestic violence perpetrated by their children’s father. This area of the law is governed by the 1980 Hague Abduction Convention, implemented by Australia in 1986. A selection of reported cases decided between 2005 and 2015 where the “Grave Risk of Harm” defence was raised by the mother was analysed. The conclusion was that Australian courts generally apply the Convention narrowly to all cases, even domestic violence cases, and that this approach can adversely affect abused women and children.
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|Item Type:||QUT Thesis (Masters by Research)|
|Supervisor:||Cooper, Donna & Davies, Sara|
|Keywords:||Hague, Convention, Child, Abduction, International, Parental, Central, Authority, Family, Law|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Institution:||Queensland University of Technology|
|Deposited On:||10 Jul 2016 23:39|
|Last Modified:||10 Jul 2016 23:41|
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